The Australian government has the authority to cancel visas under specific circumstances as outlined in the Migration Act 1958. Two significant sections under which visa cancellations occur are Section 501 and Section 116.

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Section 501: Character Grounds

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Section 501 of the Migration Act 1958 allows the Minister to refuse or cancel a visa if an individual fails the character test.

The character test is defined under Section 501(6) and considers an individual’s past and present general and criminal conduct.

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Reasons for Failing the Character Test An individual may fail the character test for various reasons, including but not limited to:

• Having a substantial criminal record (explored in Section 501(7) of the Act).

• Being convicted of a sexually based offence involving a child.

• Committing offences while in immigration detention.

• Being associated with or a member of a criminal group or organisation.

• Involvement in people smuggling, human trafficking, genocide, war crimes, or crimes against humanity.

• Being subject to an adverse security assessment by ASIO.

• Having an active Interpol notice.

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Section 116: General Grounds 

Section 116 of the Migration Act 1958 grants the Minister and their delegates broad powers to cancel visas on various grounds, including:

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• Providing incorrect information.

• Changes in circumstances that affect visa eligibility.

• Non-compliance with visa conditions.

• Posing a risk to the health, safety, or good order of the Australian community.