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MIGRATION ACT 1958 - SECT 116

Power to cancel

             (1)  Subject to subsections (2) and (3), the Minister may cancel a visa if he or she is satisfied that:

                     (a)  the decision to grant the visa was based, wholly or partly, on a particular fact or circumstance that is no longer the case or that no longer exists; or

                    (aa)  the decision to grant the visa was based, wholly or partly, on the existence of a particular fact or circumstance, and that fact or circumstance did not exist; or

                     (b)  its holder has not complied with a condition of the visa; or

                     (c)  another person required to comply with a condition of the visa has not complied with that condition; or

                     (d)  if its holder has not entered Australia or has so entered but has not been immigration cleared--it would be liable to be cancelled under Subdivision C (incorrect information given by holder) if its holder had so entered and been immigration cleared; or

                     (e)  the presence of its holder in Australia is or may be, or would or might be, a risk to:

                              (i)  the health, safety or good order of the Australian community or a segment of the Australian community; or

                             (ii)  the health or safety of an individual or individuals; or

                      (f)  the visa should not have been granted because the application for it or its grant was in contravention of this Act or of another law of the Commonwealth; or

                    (fa)  in the case of a student visa:

                              (i)  its holder is not, or is likely not to be, a genuine student; or

                             (ii)  its holder has engaged, is engaging, or is likely to engage, while in Australia, in conduct (including omissions) not contemplated by the visa; or

                     (g)  a prescribed ground for cancelling a visa applies to the holder.

       (1AA)  Subject to subsections (2) and (3), the Minister may cancel a visa if he or she is not satisfied as to the visa holder's identity.

       (1AB)  Subject to subsections (2) and (3), the Minister may cancel a visa (the current visa ) if he or she is satisfied that:

                     (a)  incorrect information was given, by or on behalf of the person who holds the current visa, to:

                              (i)  an officer; or

                             (ii)  an authorised system; or

                            (iii)  the Minister; or

                            (iv)  any other person, or a tribunal, performing a function or purpose under this Act; or

                             (v)  any other person or body performing a function or purpose in an administrative process that occurred or occurs in relation to this Act; and

                     (b)  the incorrect information was taken into account in, or in connection with, making:

                              (i)  a decision that enabled the person to make a valid application for a visa; or

                             (ii)  a decision to grant a visa to the person; and

                     (c)  the giving of the incorrect information is not covered by Subdivision C.

This subsection applies whenever the incorrect information was given and whether the visa referred to in subparagraph (b)(i) or (ii) is the current visa or a previous visa that the person held.

       (1AC)  Subject to subsections (2) and (3), the Minister may cancel a visa (the current visa ) if he or she is satisfied that:

                     (a)  a benefit was asked for or received by, or on behalf of, the person (the visa holder ) who holds the current visa from another person in return for the occurrence of a sponsorship-related event; or

                     (b)  a benefit was offered or provided by, or on behalf of, the person (the visa holder ) who holds the current visa to another person in return for the occurrence of a sponsorship-related event.

       (1AD)  Subsection (1AC) applies:

                     (a)  whether or not the visa holder held the current visa or any previous visa at the time the benefit was asked for, received, offered or provided; and

                     (b)  whether or not the sponsorship-related event relates to the current visa or any previous visa that the visa holder held; and

                     (c)  whether or not the sponsorship-related event occurred.

          (1A)  The regulations may prescribe matters to which the Minister may have regard in determining whether he or she is satisfied as mentioned in paragraph (1)(fa). Such regulations do not limit the matters to which the Minister may have regard for that purpose.

             (2)  The Minister is not to cancel a visa under subsection (1), (1AA), (1AB) or (1AC) if there exist prescribed circumstances in which a visa is not to be cancelled.

             (3)  If the Minister may cancel a visa under subsection (1), (1AA), (1AB) or (1AC), the Minister must do so if there exist prescribed circumstances in which a visa must be cancelled.

             (4)  In this section:

"benefit " has a meaning affected by section 245AQ.

"sponsorship-related event " has the meaning given by section 245AQ.



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