Temporary partner visas (820, 309, 300) can be cancelled on any of those grounds, while a permanent 801 or 100 cannot be cancelled under s 116(1) once the holder is in Australia and was immigration cleared on last entry; s 109 and s 501 still apply.
Your first step is to read which section the notice uses and the date it was given, because each has its own deadline: 14 days for a s 107 notice on a permanent visa, and 28 days to ask for revocation after a mandatory character cancellation.
These distinctions come from the Migration Act 1958, ss 107–109, 116, 117(2) and 501, and the response periods in the Migration Regulations 1994, regs 2.44 and 2.52.
Got a notice of proposed cancellation? A response to an s 116 notice received in Australia is usually due in 5 working days under regulation 2.44; other notices differ. Seek an Australian migration lawyer promptly. The shared enquiry form sends private questions to Australian Migration Lawyers.
Notice-to-deadline card
The Migration Act 1958 identifies the powers below; the Migration Regulations 1994, regs 2.44 and 2.52, prescribe the s 116 response and character-revocation periods.
| Notice you received | Power | Time to respond | What you show |
|---|---|---|---|
| s 107 notice of incorrect information or failure to notify a change | s 109 | 14 days for a permanent visa; check the period in the notice for a temporary visa | Compliance, or reasons for non-compliance and why the visa should not be cancelled |
| s 119 notice of proposed cancellation, with any s 120 adverse information | s 116 | 5 working days in Australia; a 5-working-day extension may be available. Outside Australia: 28 days, or 5 working days if considered at a post in the country you are in | The grounds do not exist, or a reason not to cancel |
| Notice of intention to consider cancellation on character grounds | s 501(2) | Check the date in the notice; no fixed response period is confirmed here | That you pass the character test, or evidence addressing the Direction 110 factors |
| Notice of a mandatory cancellation | s 501(3A) | 28 days to ask for revocation | Why the cancellation should be revoked |
For a temporary visa’s s 107 notice, a uniform prescribed period has not been confirmed; s 107(1A) of the Migration Act 1958 provides for a prescribed or reasonable period.
801 and 100 holders in Australia who were immigration cleared on last entry: s 117(2) of the Migration Act 1958 prevents cancellation under s 116(1); s 109 and s 501 still apply.
Can a partner visa be cancelled?
Yes, but the power and your circumstances matter. Under the Migration Act 1958, temporary subclasses 820, 309 and 300 can be cancelled under s 109, s 116 or s 501.
For permanent subclasses 801 and 100, s 117(2) prevents cancellation under s 116(1) while the holder is in the migration zone and was immigration cleared on their last entry. It does not prevent cancellation under s 109 for incorrect information or s 501 for character reasons.
A grant is therefore not protection against every later cancellation power. Distinguish a proposal—where you can respond before a decision—from a notice saying cancellation has already occurred.
Visa cancellation in Australia: the grounds and notices (all visas)
The Migration Act 1958, ss 107–109, 116, 118A–121 and 501, sets out these cancellation powers and procedures; the Migration Regulations 1994, regs 2.41 and 2.43, supply relevant circumstances and prescribed grounds.
| Power | Main grounds | Notice first? | Natural justice |
|---|---|---|---|
| s 109 | Incorrect information, a bogus document or failure to notify a change under ss 101–105; deliberate or inadvertent, including about a previous visa | Yes: s 107 notice | Yes; reg 2.41 circumstances include the correct information, circumstances of non-compliance, present situation, time elapsed and community contribution |
| s 116 | A grant fact no longer exists or never existed; breached conditions; health, safety or good-order risks; incorrect information outside s 109; identity; paying for sponsorship; reg 2.43 grounds | Yes: s 119 notice, with s 120 disclosure of adverse information | Yes; ss 118A–121 are the exhaustive natural justice code |
| s 501(2) | Failure to pass the character test | Yes: notice of intention | Yes |
| s 501(3) | Character test and national interest; exercised personally by the Minister | No | No |
| s 501(3A) | Serving full-time imprisonment with a substantial criminal record of 12 months or more, or a child sex offence | No: mandatory cancellation | No before cancellation; revocation can be requested afterwards |
If my visa is cancelled, can I apply again in Australia? Under s 48 of the Migration Act 1958, an s 109 or s 116 cancellation since last entry leaves a person without a substantive visa limited to prescribed visas, whereas after an s 501 cancellation since last arrival, Home Affairs’ Form 1026i describes a protection-visa-only application route.
Regulation 2.12 of the Migration Regulations 1994 prescribes the onshore partner classes for s 48, but this is not an exemption from the bar or the lodgement conditions explained below.
Check whether the cancellation notice identifies a review route: for a reviewable migration decision, s 347 of the Migration Act 1958 gives 28 days after notification, but character decisions have a separate review regime.
Responding to a notice of intention to cancel
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Identify the power and notification date. Keep the whole notice and the email, envelope or account notification accompanying it. Regulation 2.44(2) of the Migration Regulations 1994 measures the s 116 response period from notification.
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Diary the correct deadline. Regulation 2.44 gives 5 working days in Australia; 28 days outside Australia when cancellation is considered in Australia or at a post in another country; and 5 working days when considered at a post in your current country. A permanent-visa s 107 notice has 14 days under s 107(1A) of the Migration Act 1958.
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Request an extension before time expires. Regulation 2.44(3) of the Migration Regulations 1994 allows a further 5 working days for an s 116 response. Do not assume extra time has been granted merely because you requested it.
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Answer the actual allegations. Under ss 119–121 of the Migration Act 1958, explain why the s 116 grounds do not exist or why there is a reason not to cancel. For s 109, address the alleged non-compliance and the circumstances in reg 2.41 of the Migration Regulations 1994.
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Attach evidence, not just assurances. For s 109, reg 2.41 includes your present circumstances and contribution to the community. Organise relevant relationship, children, residence and community evidence so each document supports a specific part of your response.
A lawyer can compare the notice with your earlier applications, identify inconsistent dates or missing records, and prepare a response addressing each allegation.
Does a relationship ending cancel a partner visa?
Not by itself. A ceased relationship is not a prescribed ground in reg 2.43 of the Migration Regulations 1994; the potentially relevant general ground is s 116(1)(a) of the Migration Act 1958, concerning a grant fact or circumstance that no longer exists.
Home Affairs’ Partner visa frequently asked questions describes the relationship-ended pathway as refusal of the 801 or 100, or grant under applicable exceptions—not cancellation. Whether the Department uses s 116(1)(a) against 820 or 309 holders whose relationship has ended is not stated on any Home Affairs page found.
A granted 801 or 100 has the conditional protection in s 117(2) of the Migration Act 1958 described above. For the separate permanent-stage issue, see spouse visa relationship breakdown.
Can my sponsor cancel my visa?
No. A sponsor cannot cancel your visa. Cancellation is a Department decision under the Migration Act 1958, not a power your sponsor holds.
Home Affairs’ subclass 820 sponsor information says sponsorship can be withdrawn in writing before the 801 decision; withdrawal is also possible before the 100 decision. The Department must tell the applicant about relevant information and give them an opportunity to respond under s 57 of the Migration Act 1958.
Searches to cancel partner visa grants usually come from sponsors; what a sponsor can do is withdraw sponsorship, not issue a cancellation decision.
Cancellation notices and revocation
A cancellation notice identifies either a proposed decision or a decision already made; those require different responses.
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s 107 notice: under ss 107–109 of the Migration Act 1958, this concerns alleged non-compliance with information obligations before an s 109 cancellation decision.
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s 119 notice: under ss 119–121 of the Migration Act 1958, this proposes s 116 cancellation and invites a response, with s 120 covering adverse information.
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s 501(2) notice of intention: this proposes character cancellation with natural justice under the Migration Act 1958; a fixed reply period is not confirmed here, so check the notice.
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Mandatory s 501(3A) cancellation notice: cancellation has already occurred, and reg 2.52(2)(b) of the Migration Regulations 1994 requires revocation representations within 28 days of the notice.
For a personal s 501(3) decision notified under s 501C, reg 2.52(2)(a) of the Migration Regulations 1994 provides a separate 7-day period for representations.
The holder’s character is tested under s 501 of the Migration Act 1958, while sponsor convictions are assessed separately under regs 1.20KC–1.20KD of the Migration Regulations 1994: see partner visa character requirements.
After cancellation: review, the s 48 bar and leaving Australia
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Review. For a cancellation reviewable as a migration decision, s 347 of the Migration Act 1958 gives 28 days after notification, or 14 days if in immigration detention when notified, with no extension. The ART’s fees page lists $3,727 from 1 July 2026, reducible by 50% for financial hardship; payment or the reduced payment with a reduction request must be made before the deadline. These figures must not be applied to the separate s 501 character-review regime.
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The s 48 bar. Without a substantive visa after an s 109 or s 116 cancellation since last entry, s 48 limits onshore applications to prescribed classes. Regulation 2.12 includes the 820/801 classes, but Schedule 1 item 1124B(3)(e), (3A) of the Migration Regulations 1994 requires no partner-visa refusal since last entry, the sponsorship form signed by your partner, and 2 statutory declarations by Australian citizens, permanent residents or eligible New Zealand citizens other than your partner, made within 6 weeks before lodgement. Home Affairs’ 820 page expressly says Form 888 does not satisfy this requirement.
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After character cancellation. Home Affairs’ Form 1026i explains the s 501E limitation: after an s 501, s 501A or s 501B refusal or cancellation since last arrival, only a protection visa can be applied for in Australia.
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Coming back later. The Migration Regulations 1994 do not include PIC 4013 or 4014 in partner-visa criteria. However, a 309 or 300 applicant previously in Australia must meet special return criteria 5001 and 5002 in Schedule 5, dealing with earlier character cancellation/refusal or deportation, and 12 months after removal unless compelling or compassionate circumstances apply.
Before deciding to depart or apply again, ask a lawyer to check the cancellation power, application restrictions and relevant return criteria.
Common mistakes with a cancellation notice
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Counting five calendar days. Regulation 2.44 of the Migration Regulations 1994 gives working days for an s 116 notice in Australia, including the available extension.
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Treating an s 107 notice as a formality. Sections 107A and 111 of the Migration Act 1958 cover inadvertent as well as deliberate non-compliance, including information about a previous visa.
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Assuming permanent residence prevents cancellation. Section 117(2) of the Migration Act 1958 only prevents s 116(1) cancellation in the specified onshore circumstances; s 109 and s 501 remain available.
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Assuming every onshore door is closed—or open. Regulation 2.12 and item 1124B of the Migration Regulations 1994 preserve a conditional partner-class application route under s 48; Form 1026i describes the narrower protection-only route after character cancellation.
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Missing mandatory-cancellation revocation time. Regulation 2.52(2)(b) of the Migration Regulations 1994 gives 28 days, not an open-ended opportunity.
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Ignoring changes while an application was pending. Failure to comply with ss 101–105 information obligations can lead to s 109 cancellation under the Migration Act 1958.
Frequently asked questions
Can an 801 visa be cancelled?
Yes, under s 109 or s 501 of the Migration Act 1958. Section 117(2) prevents s 116(1) cancellation while you are in Australia and were immigration cleared on your last entry.
If my visa is cancelled, can I apply again in Australia?
After s 109 or s 116 cancellation since last entry, s 48 of the Migration Act 1958 limits a person without a substantive visa to prescribed classes, including the conditional 820/801 route above. After character cancellation since last arrival, Home Affairs’ Form 1026i describes only a protection-visa application route.
What are valid reasons for visa cancellation?
Sections 109, 116 and 501 of the Migration Act 1958 cover information, general and character grounds, with prescribed grounds in reg 2.43 of the Migration Regulations 1994. The all-visa table above separates those grounds and notice procedures.
Who can cancel a visa?
The Minister or a delegate exercising a cancellation power under the Migration Act 1958—not a sponsor, employer or ex-partner. Some powers, including s 501(3), are reserved to the Minister personally.
A lawyer’s response to a cancellation notice
A lawyer can identify the cancellation power, check notification and response dates, compare the allegations with earlier records, and prepare submissions supported by relevant evidence. For character matters, Home Affairs’ Character requirements page says decision-makers consider Ministerial Direction No. 110, including children’s interests, family violence conduct and ties to Australia.
Ask for a written quote identifying whether it covers the notice response, a revocation request or tribunal proceedings. No standard legal fee is confirmed here; these are separate scopes of work, and a quote should make that distinction clear.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
PartnerVisaLawyer.com.au is a guide to legal help with Australian partner visas, not a law firm; the shared enquiry form sends private questions to Australian Migration Lawyers.
On a cancellation notice, ask an Australian migration lawyer to identify whether section 109, 116 or 501 applies, prepare the response within the stated period and check any review or revocation route.