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Section 109 Visa Cancellation 2026: Incorrect Information and Non-Compliance Explained
Section 109 of the Migration Act 1958 permits visa cancellation following non-compliance with statutory information obligations. The framework operates through sections 101 to 109 and is distinct from PIC 4020, although the same factual problem can sometimes have consequences at both application and cancellation stages.
What kinds of non-compliance are relevant?
The cancellation framework can involve incorrect answers, incorrect information, bogus documents, failure to notify certain changes and related non-compliance with sections 101 to 105. A current visa can also be affected by specified non-compliance connected with an earlier visa.
Current Act: Migration Act 1958 — sections 101 to 109.
The section 107 notice
Before ordinary section 109 cancellation, the visa holder is generally notified of the apparent non-compliance under section 107 and given an opportunity to respond. The Minister then decides under section 108 whether non-compliance occurred and, after considering the response and prescribed circumstances, may cancel under section 109.
Does the error need to be deliberate?
No. Section 111 expressly provides that the cancellation framework can apply whether the non-compliance was deliberate or inadvertent. Intention can still be relevant to the exercise of discretion and the overall factual assessment, but inadvertence does not automatically prevent the statutory ground from existing.
Full disclosure protection
Section 113 provides an important protection: where an immigration-cleared visa holder complied with the relevant information obligations, the visa cannot be cancelled under that subdivision because of a matter that was fully disclosed in doing so.
Review rights
If a delegate cancels a visa under section 109, the cancellation notice must identify review rights where they exist. Reviewability and deadlines depend on the person's circumstances and the statutory pathway used. Court review addresses legal error rather than simply re-deciding the merits.
See our ART review guide.
See our Migration Judicial Review guide.
