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Australian Visa Cancellation and Character Law 2026: Sections 109, 116 and 501
Australian visas can be cancelled under different statutory powers, and the legal consequences depend on the power used. Three major regimes are section 109 information-based cancellation, section 116 general cancellation and section 501 character cancellation.
Section 109 — incorrect information and non-compliance
Section 109 works with the information obligations in sections 101 to 105. It can apply where incorrect answers, false information, bogus documents or failures to notify specified changes create statutory non-compliance, including where the error was inadvertent.
Read our Section 109 Visa Cancellation 2026 guide.
Section 116 — general cancellation grounds
Section 116 covers a broad range of grounds, including changed circumstances, visa-condition breaches, certain risks to health, safety or good order, student-specific grounds, identity concerns and other prescribed circumstances.
Section 501 — character
Section 501 addresses refusal and cancellation on character grounds. The statutory character test covers substantial criminal records and numerous other grounds, and current Direction No. 110 guides relevant discretionary decisions.
Read our Character Test Australia 2026 guide.
Mandatory cancellation and revocation
Section 501(3A) creates a mandatory cancellation regime for specified people serving full-time custodial sentences. Section 501CA then provides the revocation process, including a strict 28-day period under the current regulations for invited representations.
Review depends on the decision
Not every cancellation decision has the same merits-review right, deadline or eligible review applicant. Judicial review is also distinct from merits review. The decision-maker, statutory power, location and visa status all matter.
