Section 116 Visa Cancellation: NOICC Response, Evidence and Review Rights
Updated September 2026. Section 116 is one of the Migration Act’s general visa cancellation powers. It can apply where circumstances underlying a visa have changed or did not exist, a visa condition has not been complied with, or another statutory cancellation ground is engaged.
For dedicated assistance, see our Section 116 Visa Cancellation service.
What can trigger section 116?
The legislation includes several possible grounds. Depending on the case, the Department may allege that:
- a fact or circumstance relied on for the visa grant no longer exists;
- a relevant fact or circumstance never existed;
- the visa holder breached a visa condition;
- another person failed to comply with a condition relevant to the visa; or
- another statutory ground in section 116 applies.
What is a NOICC?
A Notice of Intention to Consider Cancellation (NOICC) tells the visa holder that cancellation is being considered and identifies the alleged ground. The response opportunity is critical because the Department may make its decision on the material available after the response period expires.
What should a section 116 response do?
A strong response should separate two issues:
- whether the legal ground for cancellation is actually established; and
- if it is established, why the discretion should be exercised not to cancel.
Evidence can include visa-condition records, employment or study documents, medical evidence, family circumstances, explanations of events outside the person’s control, and material addressing the consequences of cancellation.
What if a visa condition was breached?
A breach does not mean every case is identical. The nature, seriousness, duration and circumstances of the breach can matter to the cancellation decision. The visa holder should provide evidence, not just an apology.
Can a section 116 cancellation be reviewed?
Some cancellation decisions may be reviewable by the ART. Review rights depend on the decision-maker, the visa holder’s circumstances and the statutory framework. The written decision should state available rights and the deadline.
What happens to immigration status after cancellation?
Cancellation can affect lawful status immediately and may trigger detention, bridging visa or departure issues. If cancellation occurs while the person is in Australia, urgent advice about status and review rights may be required.
Official law
The general cancellation power appears in section 116 of the Migration Act 1958.
Need a lawyer for a section 116 NOICC?
Emigrate Lawyers can analyse the alleged ground, visa conditions and discretionary factors and prepare a response before the deadline. Contact our visa cancellation team.
This article is general information only and is not legal advice.
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.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 21 September 2026
