Section 109 Visa Cancellation: Incorrect Information, Notice and Response

Updated September 2026. Section 109 of the Migration Act allows a visa to be cancelled in circumstances involving incorrect information or non-compliance with information obligations. These cases are legally different from character cancellation under section 501 and from the broader cancellation power in section 116.

If you have received a cancellation notice, see our Visa Refusal and Cancellation service.

How does a section 109 case usually begin?

Sections 107 to 109 create a process under which the Department can notify a visa holder of alleged non-compliance, consider the person’s response, decide whether non-compliance occurred and then consider cancellation.

The response therefore needs to deal with more than one question: whether the alleged incorrect information or non-compliance actually occurred, and whether cancellation should follow even if non-compliance is established.

What kind of information can create risk?

Issues can arise from information provided in visa applications, passenger cards, supporting forms or documents, and from failures to notify relevant changes where the law required notification. The legal significance depends on the exact obligation and facts.

What should a response address?

• the exact statement or omission alleged to be incorrect;
• who supplied the information and in what context;
• whether the applicant understood the question;
• documents showing the correct facts;
• whether the error was material to the visa decision;
• the visa holder’s conduct after discovering the issue; and
• the discretionary factors relevant to whether cancellation should occur.

Does an innocent mistake matter?

Intent can be relevant to the factual and discretionary analysis, but a person should not assume that saying “it was an honest mistake” resolves the legal issue. The response should explain the mistake with evidence and address the statutory framework.

What happens if the visa is cancelled?

Cancellation can immediately affect lawful status, work rights, travel and future visa options. Depending on the decision, ART review rights may be available. The cancellation notice should state any review rights and the deadline.

Section 109 versus PIC 4020

Section 109 concerns cancellation of an existing visa for non-compliance or incorrect information. PIC 4020 concerns visa application criteria dealing with bogus documents or false or misleading information in certain visa applications. They are separate legal mechanisms even though the underlying facts can overlap.

Official law

Sections 107, 108 and 109 are set out in the Migration Act 1958.

Need legal help responding to a section 109 notice?

Emigrate Lawyers can review the notice, prior application material and evidence and prepare a response addressing both the alleged non-compliance and the cancellation discretion. Contact our immigration lawyers promptly.

This article is general information only and is not legal advice. Cancellation deadlines can be short.

About the author

Madhab Kharel

Principal Lawyer & Director, Emigrate Lawyers

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.

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