Section 116 Visa Cancellation Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Section 116 Visa Cancellation Appeals

Responding to S116 Cancellation Notices

We assist in preparing strong, evidence-backed responses to Section 116 notices (NOICC), arguing why your visa should not be cancelled.

Appeals for S116 Cancellation Grounds

Our lawyers handle appeals for S116 cancellations based on incorrect information, changed circumstances, or non-compliance with visa conditions.

Challenging "Risk to Community" Cancellations

We provide representation for S116 cancellations where it’s alleged you pose a risk to health, safety, or good order, including domestic violence allegations.

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We encourage a free 15-minute call to discuss your situation & map out a path to successfully appealing your Section 116 Visa Cancellation.

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What Triggers a Section 116 Visa Cancellation?

Section 116 of the Migration Act grants broad powers to cancel visas. Common grounds include providing incorrect information, changes in circumstances relied upon for the visa grant, non-compliance with visa conditions, or if you’re deemed a risk to community health, safety, or good order.

A Section 116 letter (often a NOICC) notifies you of potential cancellation and invites you to comment. This is a critical chance to argue against the grounds or show compelling reasons why your visa should not be cancelled.

Responding to Section 116 Notices & Appeals

Upon receiving a Section 116 notice, you typically have a short, strict timeframe (often 5-28 days) to respond with arguments and evidence. Failure to respond adequately can lead to visa cancellation, making you unlawful and potentially subject to detention.

If your visa is cancelled under Section 116, you may have rights to a merits review by the Administrative Review Tribunal (ART) within a set deadline. Navigating these responses and appeals requires careful legal argument and timely action.

Why Choose Moya Migration Law for Your Section 116 Appeal?

A Section 116 visa cancellation can have serious consequences. Moya Migration Law offers specialised expertise in these cancellation matters, a client-focused approach, and strategic advocacy to robustly appeal the decision and protect your visa status.

Expertise in Section 116 Cancellation Appeals

Our lawyers have deep experience with Section 116 grounds, from visa condition breaches to “risk to community” concerns, and the ART appeal process.

Client-Focused & Supportive Guidance

We provide personalised support, clearly explaining your S116 notice and appeal options in plain English during this stressful time.

Strategic Submissions & Representation

We develop tailored strategies to address specific S116 cancellation grounds, preparing strong submissions for NOICC responses or ART appeals.

In-Depth Migration Act Knowledge

Our thorough understanding of Section 116 and related Migration Act provisions ensures your appeal is handled with the highest legal skill.

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Our 5-Step Section 116 Visa Cancellation Appeal Process

Challenging a Section 116 visa cancellation requires timely and expert legal action. Moya Migration Law guides you through our systematic process, from analysing the Department’s notice to robust representation at the ART, to protect your visa.

1

Urgent S116 Notice Review & Consultation

We immediately analyse your Section 116 cancellation notice (or NOICC), explain the specific grounds, and advise on your urgent response or appeal options.

2

Strategic Case & Evidence Preparation

Our team develops a tailored strategy, assisting you to gather crucial evidence and prepare strong arguments against the S116 cancellation grounds.

3

Preparing Submissions for Response/Appeal

We meticulously draft detailed written submissions, whether responding to a NOICC or lodging a formal appeal with the Administrative Review Tribunal (ART).We prepare your case by gathering evidence, drafting legal submissions for the refusal/cancellation, and, if needed, preparing witness statements for your appeal.

4

Timely Lodgement & Representation

We ensure your response or appeal is lodged correctly within strict deadlines and provide skilled legal representation at any ART hearings.

5

Guiding Your Next Steps to Resolution

Following a successful outcome, we guide you on securing your visa status. If further action is needed, we advise on all available legal pathways.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Section 116 Cancellation Appeal Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages complex Section 116 visa cancellation cases. With over two decades in Australian migration law since 2002, Daniel offers expert strategic guidance for these critical appeals.

Daniel is committed to providing robust legal representation and clear advice when your visa is at risk. His extensive experience includes challenging Section 116 cancellations before the ART and, if needed, Federal Courts. Daniel also offers legal assistance in Spanish.

Frequently Asked Questions about Section 116 Visa Cancellations

What is Section 116 of the Migration Act 1958 (Cth)?

Section 116 of the Migration Act 1958 (Cth) outlines various grounds upon which the Minister or their delegates can cancel an Australian visa, covering issues like incorrect information, changed circumstances, non-compliance with visa conditions, or posing a risk.

What is the "116 policy" in Australia?

Australia’s Section 116 policy details grounds for visa cancellation. Section 116(1) applies to temporary visas globally and permanent visas when the holder is offshore. Other subsections (1AA, 1AB, 1AC) allow cancellation of both visa types regardless of location, with a Section 119 notice providing a chance to respond.

Can a Section 116 visa cancellation be appealed?

While you can’t request the Department to simply “reverse” a Section 116 cancellation, if you are in Australia when your visa is cancelled under this section, you can often apply to the Administrative Review Tribunal (ART) for a merits review.

What are common reasons for a Section 116 visa cancellation?

Common reasons include providing incorrect information, significant changes in circumstances relied upon for the visa grant, not complying with visa conditions, or if the visa holder poses a risk to the health, safety, or good order of the community.

What is a Section 116 letter or NOICC?

It’s a notice from the Department indicating they are considering cancelling your visa under Section 116. It outlines the grounds and gives you a limited time (often 5-28 days, sometimes shorter) to respond with reasons why your visa should not be cancelled.

What happens if I don't respond to a Section 116 notice?

If you don’t respond within the allocated time, the Department can decide on the cancellation based on the information they have, which usually results in the visa being cancelled.

How quickly must I appeal an onshore S116 cancellation to the ART?

For onshore Section 116 cancellations, there is often a very short window, such as seven working days from notification, to lodge an appeal with the Administrative Review Tribunal.

Can allegations of criminal conduct lead to S116 cancellation?

Yes, allegations of domestic violence or other criminal conduct, even without formal charges, can be grounds for visa cancellation under Section 116 if it’s believed you pose a risk to the health, safety, or good order of individuals or the community.

Why is legal advice critical for Section 116 matters?

Section 116 involves broad cancellation powers and strict deadlines. A lawyer can help analyse the notice, construct strong legal arguments, gather evidence, and represent you in responding to the Department or appealing to the ART.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.