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Cancellation Under Section 128

Cancellation Under Section 128

If you are outside of Australia and the Minister for Immigration & Citizenship is satisfied that a ground exists for cancelling a visa, the Minister may move to cancel the visa without any notification to the visa holder of the intended cancellation. Often people return to Australia believing they hold a visa only to be turned back at the airport as the visa was cancelled following their departure from Australia in circumstances where the Department had been made aware of a breach or purported breach of Australia.


If the visa is cancelled under section 128, the former visa hold has 28 days from the date of cancellation to make written submissions to the Minister as to why the cancellation decision should be overturned and your visa reinstated.