Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 122 — Prescribed periods
Regulations prescribing a period or other time limit relating to a step in considering the cancellation of a visa may prescribe different limits relating to that step and specify when a particular…
Section 123 — Failure to accept invitation not require action
If a visa holder does not respond to an invitation under paragraph 119(1)(b) or 120(2)(c) before the time for giving it has passed or tells the Minister that the visa holder does not wish to respond,…
Section 124 — When decision about visa cancellation may be made
(1) Subject to section 120 (give information) and subsection (2), the Minister may cancel a visa at any time after notice about the cancellation has been given under section 119 and after whichever…
Section 125 — Application of Subdivision to non-citizen in immigration clearance
If a non-citizen in immigration clearance who is not taken into questioning detention is given an invitation under paragraph 119(1)(b) or 120(2)(c), the period within which he or she may respond to…
Section 126 — Application of Subdivision to non-citizen in questioning detention
(1) If a non-citizen in questioning detention who is not released before the end of the 4 hours for which he or she may be detained is given an invitation under paragraph 119(1)(b) or 120(2)(c), the…
Section 127 — Notification of decision
(1) When the Minister decides to cancel a visa, he or she is to notify the visa holder of the decision in writing. (2) Notification of a decision to cancel a visa must: (a) specify the ground for the…
Section 127A — Exhaustive statement of natural justice hearing rule
(1) This Subdivision is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters it deals with. (2) Sections 494A to 494D, in so far as…
Section 128 — Cancellation of visas of people outside Australia
If: (a) the Minister is satisfied that: (i) there is a ground for cancelling a visa under section 116; and (ii) it is appropriate to cancel in accordance with this Subdivision; and (b) the…
Section 129 — Notice of cancellation
(1) If the Minister cancels a visa under section 128, he or she must give the former holder of the visa a written notice: (a) stating the ground on which it was cancelled; and (b) giving particulars…
Section 130 — Prescribed periods
Regulations prescribing a period for the purpose of paragraph 129(1)(c) may prescribe different periods and specify when a particular period is to apply, which, without limiting the generality of the…
Section 131 — Decision about revocation of cancellation
(1) Subject to subsection (2), after considering any response to a notice under section 129 of the cancellation of a visa, the Minister: (a) if not satisfied that there was a ground for the…
Section 132 — Notification of decision about revocation of cancellation
(1) When, under section 131, the Minister revokes or does not revoke the cancellation of a visa, he or she is to notify the visa holder or former visa holder of the decision in writing. (2) The…
Section 133 — Effect of revocation of cancellation
(1) If the cancellation of a visa is revoked, then, without limiting its operation before cancellation, it has effect as if it were granted on the revocation. (2) Subject to subsection (1), if the…
Section 133A — Minister’s personal powers to cancel visas on section 109 grounds
Action by Minister—natural justice applies (1) If a notice was given under section 107 to the holder of a visa in relation to a ground for cancelling the visa under section 109, and the ART, former…
Section 133B — Other provisions relating to the exercise of powers in section 133A
(1) Subject to subsection (2), the possible non-compliances that can constitute a ground for the cancellation of a visa under subsection 133A(1) or (3) include non-compliances that occurred at any…
Section 133C — Minister’s personal powers to cancel visas on section 116 grounds
Action by Minister—natural justice applies (1) If a notification was given under section 119 to the holder of a visa in relation to a ground for cancelling the visa under section 116, and the ART,…
Section 133D — Cancellation under subsection 133A(1) or 133C(1)—method of satisfying Minister of matters
The regulations may provide that, in determining for the purposes of subsection 133A(1) or 133C(1) whether: (a) a person; or (b) a person included in a specified class of persons; satisfies the…
Section 133E — Cancellation under subsection 133A(1) or 133C(1)—notice of cancellation
(1) If a decision is made under subsection 133A(1) or 133C(1) to cancel a visa that has been granted to a person, the Minister must give the former holder of the visa a written notice that: (a) sets…
Section 133F — Cancellation under subsection 133A(3) or 133C(3)—Minister may revoke cancellation in certain circumstances
(1) This section applies if the Minister makes a decision (the original decision) under subsection 133A(3) or 133C(3) to cancel a visa that has been granted to a person. (2) For the purposes of this…
Section 134 — Cancellation of business visas
(1) Subject to subsection (2) and to section 135, the Minister may cancel a business visa (other than an established business in Australia visa, an investment-linked visa or a family member’s visa)…
Section 134A — Natural justice
The rules of natural justice do not apply to a decision made under this Subdivision.
Section 134B — Emergency cancellation on security grounds
The Minister must cancel a visa held by a person if: (a) there is an assessment made by ASIO for the purposes of this section; and (b) the assessment contains advice that ASIO suspects that the…
Section 134C — Decision about revocation of emergency cancellation
Application of section (1) This section applies to a visa that is cancelled under section 134B. First ground to revoke cancellation (2) The Minister must revoke the cancellation of the visa as soon…
Section 134D — Effect of revocation of cancellation
(1) If the cancellation of a visa is revoked under section 134C, then, without limiting its operation before cancellation, it has effect as if it were granted on the revocation. (2) However, the…
Section 134E — Notice of cancellation
(1) If: (a) the Minister decides under section 134B to cancel a visa; and (b) the Minister decides under subsection 134C(3) not to revoke the cancellation; then the Minister must give the former…
Section 134F — Effect of cancellation on other visas
(1) This section applies if: (a) a visa held by a person (the relevant person) is cancelled under section 134B; and (b) the Minister decides under subsection 134C(3) not to revoke the cancellation;…
Section 135 — Representations concerning cancellation of business visa
(1) Before cancelling a visa under subsection 134(1), (3A) or (4), the Minister must give its holder a written notice: (a) stating that the Minister proposes to cancel the visa; and (b) inviting its…
Section 136 — Review of decisions
An application may be made to the ART for review of a decision of the Minister under subsection 134(1), (3A) or (4).
Section 137 — Provision of information—holders of business visas
(1) The Secretary or Australian Border Force Commissioner may by written notice require the holder of a business visa to give the Secretary or Australian Border Force Commissioner such information as…
Section 137J — Non-complying students may have their visas automatically cancelled
(1) This section applies if a notice is sent to a non-citizen under section 20 of the Education Services for Overseas Students Act 2000 in relation to a visa held by the non-citizen (even if the…
Section 137K — Applying for revocation of cancellation
(1) A non-citizen whose visa has been cancelled under section 137J may apply in writing to the Minister for revocation of the cancellation. (2) A non-citizen who is in the migration zone cannot apply…
Section 137L — Dealing with the application
(1) On an application under section 137K, the Minister may revoke the cancellation if, and only if, the applicant satisfies the Minister: (a) that the non-citizen did not in fact breach the relevant…
Section 137M — Notification of decision
(1) When the Minister decides whether to revoke a cancellation under section 137L, he or she must give the non-citizen written notice of the decision. (2) Notice of a decision not to revoke a…
Section 137N — Minister may revoke cancellation on his or her own initiative
(1) The Minister may, on his or her own initiative, revoke the cancellation under section 137J of a particular non-citizen’s visa, if the Minister thinks that it is in the public interest to do so.…
Section 137P — Effect of revocation
(1) If the cancellation of a visa is revoked under section 137L or 137N, the visa is taken never to have been cancelled under section 137J. (2) If the revocation is under section 137L and the…
Section 137Q — Cancellation of regional sponsored employment visas
Employment does not commence (1) The Minister may cancel a regional sponsored employment visa held by a person if: (a) the Minister is satisfied that the person has not commenced the employment…
Section 137R — Representations concerning cancellation etc.
(1) Before cancelling a person’s visa under section 137Q, the Minister must give the person a written notice: (a) stating that the Minister proposes to cancel the visa; and (b) inviting the person to…
Section 137S — Notice of cancellation
(1) If the Minister decides to cancel a person’s visa under section 137Q, he or she must give the person written notice of the decision. The notice must: (a) specify the reasons for the cancellation;…
Section 137T — Cancellation of other visas
(1) If a person’s visa is cancelled under section 137Q, a visa held by another person because of being a member of the family unit of the person is also cancelled. (2) The cancellation under…
Section 138 — Cancellation and revocation of cancellation of visas—how and when
(1) The following decisions are taken to be made by the Minister causing a record to be made of the decision: (a) a decision to cancel a visa, or not to cancel a visa; (b) a decision to revoke the…
Section 139 — Visas held by 2 or more
If a visa is held by 2 or more non-citizens: (a) Subdivisions C, D, E, F and FA and this Subdivision apply as if each of them were the holder of the visa; and (b) to avoid doubt, if the visa is…
Section 140 — Cancellation of visa results in other cancellation
(1) If a person’s visa is cancelled under section 109 (incorrect information), 116 (general power to cancel), 128 (when holder outside Australia), 133A (Minister’s personal powers to cancel visas on…
Section 140A — Division applies to prescribed kinds of visa
This Division applies to visas of a prescribed kind (however described).
Section 140AA — Purposes of this Division
(1) The purposes of this Division, to the extent it applies in relation to the temporary sponsored work visa program, are as follows: (a) to provide a framework for the program in order to address…
Section 140GA — Variation of terms of approval
(1) The regulations may establish a process for the Minister to vary a term of a person’s approval as a work sponsor or family sponsor. (2) The Minister must vary a term specified in an approval if:…
Section 140GBA — Labour market testing—condition
Scope (1) This section applies to a nomination by a person, under section 140GB, if: (a) the person is, or has applied to be, in a class of approved work sponsors prescribed by the regulations; and…
Section 140HA — Sponsorship obligations—Minister’s responsibility
(1) Subject to subsection (2), the Minister must take all reasonable steps to ensure that regulations made under section 504 for the purposes of subsection 140H(1) include obligations in relation to…
Section 140RA — Enforceable undertakings
Enforceable provision (1) Section 140H is enforceable, in relation to a sponsorship obligation, under Part 6 of the Regulatory Powers Act. Note: Part 6 of the Regulatory Powers Act creates a…
Section 140SA — Interest up to judgment
(1) A party to proceedings under section 140S may apply to the eligible court for an order under subsection (2). (2) If an application is made under subsection (1), the eligible court must, unless…
Section 140UA — Exercise of inspector powers
(1) An inspector may exercise powers under this Subdivision for a purpose set out in section 140X. Note: Inspectors include Fair Work Inspectors (see section 140V). (2) A Fair Work Inspector may,…