How Many Types of Cancellation Powers Are There?

 

general cancellations

There are 3 main Cancellation Powers under the General Cancellation category:

  1. Section 109 Cancellation Powers: This is for incorrect information & bogus documents.

  2. Section 116 Cancellation Powers: There are 39 grounds under this Cancellation Powers.

  3. Section 128 Cancellation Powers: This is for visa holders outside Australia.

character cancellations

There is 1 main Cancellation Power for matters relating to Character. This is commonly known as “501 Cancellations”. There are 2 grounds:

  1. Failure to meet the Character Test.

  2. Mandatory Cancellation on visa holders in jail.

ministerial CANCELLATIONs

There are 6 Cancellation Powers which can only be exercised by the Minister for Immigration personally. They are:

  1. Section 133A: Minister personally cancels on section 109 grounds.

  2. Section 133C: Minister personally cancels on section 116 grounds.

  3. Section 501(3): Minister personally cancels for failure to meet Character requirements.

  4. Section 501A: Minister personally sets aside a non-adverse decision of delegate or Tribunal and cancels visa.

  5. Section 501B: Minister personally sets aside and substitutes adverse decision before Tribunal concludes.

  6. Section 501BA: Minister personally sets aside the decision of delegate or Tribunal to revoke cancellation.

other cancellations

There are 6 further Cancellation Powers:

  1. Section 134: Cancellation of Business Visa

  2. Section 134(4): Consequential Cancellation on Family Members of Business Visa Holders

  3. Section 134B: Emergency Cancellation on Security Grounds

  4. Section 137Q: Cancellation on RSMS permanent visas

  5. Section 137T: Consequential Cancellation on Family Members of RSMS Visa Holders.

  6. Section 140: Consequential Cancellation of Secondary Visa Holders

 

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