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MIGRATION ACT 1958 - SECT 140 Cancellation of visa results in other cancellation

MIGRATION ACT 1958 - SECT 140

Cancellation of visa results in other cancellation

  (1)   If a person's visa is cancelled under section   109 (incorrect information), 116 (general power to cancel), 128 (when holder outside Australia), 133A (Minister's personal powers to cancel visas on section   109 grounds), 133C (Minister's personal powers to cancel visas on section   116 grounds) or 137J (student visas), a visa held by another person because of being a member of the family unit of the person is also cancelled.

  (2)   If:

  (a)   a person's visa is cancelled under section   109 (incorrect information), 116 (general power to cancel), 128 (when holder outside Australia), 133A (Minister's personal powers to cancel visas on section   109 grounds), 133C (Minister's personal powers to cancel visas on section   116 grounds) or 137J (student visas); and

  (b)   another person to whom subsection   (1) does not apply holds a visa only because the person whose visa is cancelled held a visa;

the Minister may, without notice to the other person, cancel the other person's visa.

  (3)   If:

  (a)   a person's visa (the cancelled visa ) is cancelled under any provision of this Act; and

  (b)   the person is a parent of another person; and

  (c)   the other person holds a particular visa (the other visa ), that was granted under section   78 (child born in Australia) because the parent held the cancelled visa;

the other visa is also cancelled.

  (4)   If:

  (a)   a visa is cancelled under subsection   (1), (2) or (3) because another visa is cancelled; and

  (b)   the cancellation of the other visa is revoked under section   131, 133F, 137L or 137N;

the cancellation under subsection   (1), (2) or (3) is revoked.