Section 116 visa cancellation

Firstly, it is always important to ensure your contact details are up-to-date with the Department to avoid missing important correspondence. If you receive a letter under Section 116, it is imperative to act swiftly and professionally. 

The first step after receiving a notice is to seek advice from a Migration Lawyer. If facing cancellation, one option available to you is to argue against the grounds provided or provide reasons why your visa should not be cancelled. This requires a careful legal argument to be constructed by an experienced lawyer. 

The typical timeframe for an applicant to reply to a Notice of Intention to Consider Refusal (NOICC) ranges from 5 to 28 days. Depending on certain situations, like being in immigration detention, this period could be shorter, such as 3 working days. If the applicant doesn't respond within this allocated time, the Delegate can proceed to decide on the application without further input, usually resulting in the refusal of the visa. If served notice in person, be aware that your visa can be cancelled immediately. Request sufficient time to respond and provide evidence-backed arguments. 

If your visa is cancelled, you will become unlawful, potentially leading to detention. Consider applying for a bridging 'E' visa, but be aware that refusal may result in detention. Responding with delay or inaccuracy can cause detrimental impacts upon your visa status. Additionally, it's crucial to consider the implications of domestic violence, public interest, and any particular facts related to your case. Understanding the procedures set by the Refugee Review Tribunal and Migration Review Tribunal can also be beneficial. Furthermore, the decision to grant or cancel visas may be influenced by the Minister, based wholly or partly on the information provided and the associated risk factors.