Condition breach
A visa holder has breached a condition imposed on the visa. Common examples: Condition 8105 (48-hour rule), Condition 8202 (maintenance of enrolment), or unauthorised employment on a visitor visa.
General Cancellation Grounds · Mostly Discretionary
Section 116 is the workhorse of Australia's cancellation framework.
Unlike Section 501 which focuses on character, Section 116 covers a wide range of situations where a visa can be cancelled based on the visa holder's circumstances or conduct. This page explains the main grounds, the process, and how to appeal via the ART.
The main grounds under Section 116
Five categories. Most are discretionary.
Knowing which ground applies shapes your response.
Incorrect information
The visa holder provided incorrect information or documents in their application or in subsequent dealings with the Department. Often triggers PIC 4020 consequences.
Change of circumstances
The basis on which the visa was granted no longer exists. An employer sponsored visa where employment has ended, or a partner visa where the relationship has ended.
Visa should not have been granted
The Department has identified that the visa was granted when the applicant did not actually meet the criteria. Can arise from later-discovered information.
Grounds prescribed in regulations
Various specific grounds set out in Migration Regulations that apply to particular visa types.
The cancellation process
Five stages from identification to review.
Section 116 cancellation follows a defined process. Understanding each stage matters.
1
Department identifies a ground
Tip-offs, data matching, audit processes, or the visa holder's own disclosures.
3
Response
The visa holder's opportunity to address concerns. A properly prepared response often prevents cancellation.
4
Decision
Department decides. If cancellation proceeds, the visa holder is notified of grounds and review rights.
Common scenarios we handle
Five Section 116 patterns we see regularly.
Student visa work hours (Condition 8105)NOICC based on TFN data showing work above 48 hours per fortnight. Response addresses the specific periods, the reasons, and future compliance strategy.
Student visa enrolment (Condition 8202)NOICC based on institution reports of non-enrolment or unsatisfactory progress. Response includes institution support letters and academic recovery plans.
Employer sponsored employment endedIf you are on a SID (formerly 482) and your employer relationship ends, the visa can be cancelled. There is usually a grace period to find another sponsor.
Partner visa relationship breakdownIf the relationship ends during the 820 period, cancellation may be considered. Family violence provisions and other exceptions can protect the visa.
Information in later applicationsIf a later visa application discloses information that affects an earlier visa, the earlier visa can be reviewed for cancellation.
Responding properly to a NOICC is often more effective than appealing after the fact.
When a response addresses the specific concerns with evidence and mitigating circumstances, the Department frequently decides not to proceed with cancellation. This is why deadline compliance for NOICC responses is critical.
Common Section 116 questions
The questions we hear most.
For any Section 116 matter, book with Sourabh Aggarwal or Prateek Maan.
I received a NOICC. How long do I have to respond?
Usually 14 to 28 days from the date of the notice. The exact deadline is in your notice. Do not delay.
My employer sponsor relationship has ended. Will my visa be cancelled?
For SID and similar visas, there is usually a grace period to find another sponsor or apply for a different visa. Not automatic.
I worked more than 48 hours on my student visa. Is cancellation automatic?
No. It is a discretionary decision. Factors the Department considers include how far over the limit you went, whether this was isolated or ongoing, your circumstances, and your response. A well-prepared NOICC response often prevents cancellation.
Can I appeal a Section 116 cancellation?
Yes, usually within 21 days to ART. ART conducts a fresh merits assessment. Appeals have a reasonable success rate when prepared properly.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.