Visa cancellation in Australia: your status, review and the Bridging visa E

Updated 3 October 2026

Visa cancellation in Australia makes you an unlawful non-citizen the moment it takes effect unless you hold another visa, and section 116 lets the Minister cancel for a breached condition. Before most section 116 cancellations you get a notice of intention to cancel, and in Australia you have 5 working days to respond. If you ask the ART to review the cancellation, a Bridging visa E can keep you lawful until 35 days after the ART decides. These rules come from sections 15, 116 and 119 of the Migration Act 1958 and regulation 2.44(3) and clauses 050.212(4) and 050.513 of the Migration Regulations 1994. ART means the Administrative Review Tribunal.

A notice of intention is your opportunity to answer the proposed cancellation grounds before a decision. If cancellation has already occurred, check the decision notice for your review right and deadline. Under section 127 of the Migration Act 1958, the notice must explain these details. Seeking review does not itself grant you a Bridging visa E.

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Why visas are cancelled and what follows

The cancellation powers below appear in the Migration Act 1958 and regulation 2.43 of the Migration Regulations 1994. Later application restrictions come from section 48 of the Act and public interest criterion (PIC) 4013 in Schedule 4 to the Regulations.

A notice of intention to cancel: respond within the time it states (5 working days if you are in Australia), under regulation 2.44(3) of the Migration Regulations 1994.

Character cancellations (section 501) are not covered.

At a glance

Deadlines: Respond to a notice of intention to cancel within the time it states—5 working days in Australia under regulation 2.44(3) of the Migration Regulations 1994—and apply to the ART within 28 days after notification of a reviewable cancellation, or 14 days if in immigration detention that day, under section 347(3) of the Migration Act 1958.

Why are visas cancelled?

1. Section 116: general cancellation grounds. Section 116 of the Migration Act 1958 covers breached conditions, incorrect information, risks to health, safety or good order, and prescribed grounds.

2. Section 109: incorrect information. Section 109 of the Migration Act 1958 is headed “Cancellation of visa if information incorrect”. It permits cancellation after the relevant non-compliance decision and consideration of the response.

3. Section 137J: non-complying students. Section 137J of the Migration Act 1958 provides for automatic student-visa cancellation. A section 137K application to revoke that cancellation is possible.

4. A cancellation you request. Regulation 2.43(1)(g) of the Migration Regulations 1994 provides a ground for cancelling a temporary visa when its holder asks in writing. The voluntary-request process is explained below.

Home Affairs’ The Administration of the Immigration and Citizenship Programs, 16th edition, records 4,474 section 116 cancellations in 2024–25 and 1,809 from 1 July to 31 December 2025.

Yes, a visa can be cancelled after approval, including a permanent visa where the relevant power applies; section 128 of the Migration Act 1958 also permits cancellation without prior notice when the holder is outside Australia.

Character cancellations under section 501 follow a separate path outside ART merits review under Part 5 and are not covered here; representations seeking revocation of a mandatory section 501(3A) cancellation are due within 28 days after notice under regulation 2.52(2)(b) of the Migration Regulations 1994.

What happens the day your visa is cancelled?

You become an unlawful non-citizen the moment cancellation takes effect unless another visa remains in effect, under section 15 of the Migration Act 1958.

A Bridging visa A or B tied to the cancelled substantive visa ends at the same time. Clauses 010.511 and 020.511 of the Migration Regulations 1994 set out this ending event. Home Affairs’ Cancelling a visa page also confirms that the linked bridging visa ceases with the current visa.

Section 189 of the Migration Act 1958 requires an officer to detain a person in the migration zone whom they know or reasonably suspect is unlawful.

How long can you stay? There is no automatic lawful stay period after cancellation. Unless another visa is in effect, you are unlawful immediately under section 15 of the Migration Act 1958. You need to resolve your status through an available visa pathway or departure. Home Affairs’ Cancelling a visa page says you may be eligible for a Bridging visa E; the review-based pathway is explained below.

What if you get a notice of intention to cancel?

1. Read the grounds and supporting information. Under sections 119–120 of the Migration Act 1958, the notice must identify the proposed grounds and information behind them. Undisclosed adverse information must also be put to you for comment.

2. Respond in the way the notice invites. Section 121 of the Migration Act 1958 allows a response in writing, at interview or by phone. Address why the grounds do not exist or why the visa should not be cancelled. In Australia, regulation 2.44(3) of the Migration Regulations 1994 gives 5 working days; the Minister may extend this by a further 5 working days.

3. Check the decision notice. Under sections 124 and 127 of the Migration Act 1958, a decision can be made after you respond, say you will not respond, or the response period passes. The decision notice states the cancellation ground and any ART review right.

Section 118A of the Migration Act 1958 makes these provisions the exhaustive natural justice hearing rules for this process.

Outside Australia, the response period is generally 28 days, but it can be 5 working days where cancellation is considered at a post in the country you are in, under regulation 2.44(3) of the Migration Regulations 1994. Section 128 cancellations without prior notice follow a different reconsideration process.

The response period is not a cancellation processing-time estimate. The supplied government rules do not establish a general number of days from notice to cancellation.

Can you ask for a cancellation to be reviewed?

Yes, usually, if the cancellation is a reviewable decision. Section 338(3) of the Migration Act 1958 generally allows ART review of a cancellation affecting a person in the migration zone, subject to important exclusions.

Those exclusions include decisions made in immigration clearance; under sections 133A, 133C, 134(1), (3A) or (4), or 501; and decisions made personally by the Minister under sections 109, 116 or 140(2). Section 338(3A) also allows review of a qualifying decision not to revoke a student-visa cancellation.

Apply within 28 days after notification, or 14 days if you were in immigration detention on the notification day. The ART cannot extend these limits under section 347(3)–(5) of the Migration Act 1958. Only the person affected can apply, and they must be physically present in the migration zone when applying.

The Administrative Review Tribunal’s fees page, retrieved 24 September 2026, lists A$3,727 for a non-protection Part 5 migration review, including a reviewable cancellation of that kind. A 50% reduction is available for financial hardship. Bridging-visa detention reviews have separate fee rules.

Your cancellation notice must state whether review is available and the time limit under section 127(2)(c) of the Migration Act 1958.

The ART steps, notification timing and 35-day bridging-visa rule follow the same framework as for a refusal. See what a visa refusal means for that related situation.

Cancelling your own visa

1. Make a written request. For a temporary visa, regulation 2.43(1)(g) of the Migration Regulations 1994 requires the holder to ask the Minister in writing. For an eligible holder under 18, a parent or another adult who can lawfully decide where the child lives may request cancellation under regulation 2.43(1)(h). The Minister must be satisfied it is not against the child’s best interests.

2. Use ImmiAccount. Home Affairs’ Cancelling a visa page says the request should go through ImmiAccount, made by the visa holder or someone they authorise.

Home Affairs’ Cancelling a visa page states: “If you are outside Australia, we can process requests for the voluntary cancellation of your visa.”

The same Home Affairs page says it will not process requests for Visitor (600), ETA (601), eVisitor (651), Working Holiday (417), any permanent visa, or any other visa with less than 6 months validity.

A cancellation at your own request is not, on that ground, a PIC 4013 risk factor under Schedule 4 to the Migration Regulations 1994.

Home Affairs’ Cancelling a visa page says superannuation can be accessed once the visa is cancelled or has expired.

If your visa is cancelled, can you apply again in Australia?

Yes, but if section 48 applies, you can apply only for prescribed visa classes while you remain in Australia. Section 48 of the Migration Act 1958 applies when you lack a substantive visa and, since last entering Australia, had a visa cancelled under sections 109, 116, 133A, 133C, 134, 137J or 137Q.

Partner, protection and bridging visas are among the prescribed classes in regulation 2.12 of the Migration Regulations 1994. Being a prescribed class does not mean you meet every requirement for that visa.

Leaving and returning on a bridging visa does not reset the bar, under section 48(3) of the Migration Act 1958.

A separate three-year restriction can affect later temporary visa grants. PIC 4013 in Schedule 4 to the Migration Regulations 1994 applies after cancellation on listed grounds, including working without authority, section 116(1)(e) risk grounds, section 109 and section 137J. It is a criterion for 19 temporary subclasses.

Within three years after such a cancellation, PIC 4013 requires compelling circumstances affecting Australia’s interests, or compassionate or compelling circumstances affecting an Australian citizen, permanent resident or eligible New Zealand citizen, to justify grant.

Can a cancelled visa be reinstated? The ART can set aside a cancellation decision through review. For a section 137J student-visa cancellation, section 137K of the Migration Act 1958 provides a revocation application pathway. Neither process guarantees reinstatement.

A Bridging visa E while a cancellation is reviewed

1. Review can provide a BVE eligibility ground. Clause 050.212(4) of the Migration Regulations 1994 includes a person who has applied for merits review of a visa cancellation. You must still meet the other BVE requirements; review alone does not make you lawful.

   Under clauses 050.513 and 050.513A of the Migration Regulations 1994, a cancellation-review BVE ends 35 days after the ART decides the review or finds the application invalid, 35 days after withdrawal, or when another bridging visa is granted. For a section 137K revocation application, the relevant period is 14 working days after the revocation decision or withdrawal.

2. Check your actual conditions. Home Affairs’ subclass 050 page says your conditions are in your grant letter and Visa Entitlement Verification Online (VEVO). Do not assume that review gives you permission to work or removes other restrictions.

Frequently asked questions

How do I know if my visa has been cancelled?

Section 127 of the Migration Act 1958 requires a written decision notice stating the cancellation ground and any review right.

Can my family’s visas be cancelled because mine was?

Yes. Section 140 of the Migration Act 1958 allows consequential family cancellation. Clauses 050.212(5) and (5A) of the Migration Regulations 1994 provide a BVE pathway for an affected family member while you seek review or revocation.

Can I cancel my visa to get my superannuation?

Home Affairs’ Cancelling a visa page says superannuation can be accessed once the visa is cancelled or has expired. It says it can process voluntary-cancellation requests from people outside Australia, subject to the exclusions listed above.

Is a cancellation at my own request held against me later?

Not as a PIC 4013 risk factor on that ground: regulations 2.43(1)(g) and (h) are not among its listed grounds. This does not remove separate application restrictions, including section 48 where it applies.

Getting a Bridging visa E and help after a cancellation

1. Choose the next information for your situation. If your BVE itself was cancelled, read When a Bridging visa E is cancelled, because those rules differ. If you are already unlawful, the guide to becoming lawful again after a visa expires explains the status-resolution steps. For the full prescribed-class list, see the section 48 bar and a Bridging visa E. For the wider visa overview, read Bridging visa E explained.

2. Ask for a check of your notice, evidence and deadline. In Australia, regulation 2.44(3) of the Migration Regulations 1994 gives 5 working days to answer a notice of intention. An Australian migration lawyer can check the stated grounds, organise supporting evidence and identify missing documents within that window. If cancellation follows, the lawyer can also check notification timing and calculate the 28-day ART limit—or 14 days if you were detained on the notification day—under section 347 of the Migration Act 1958. These are preparation and deadline checks, not predictions of the decision.

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