Visa Cancellation for Bogus Documents: Can You Recover from Section 109/116?
You received a notice that your Australian visa has been cancelled or will be cancelled soon due to the submission of fraudulent documents. This typically falls under Section 109 or Section 116. Such cancellations carry far-reaching consequences, so it is best to act as soon as you receive the cancellation letter.
Related: What are the Visa Cancellation Procedure?
What Does Visa Cancellation for Bogus Documents Mean?
Providing bogus documents can lead to serious visa consequences and is considered a major breach of Australia’s immigration integrity.
A document that is “bogus” if it is false in a material, was not issued by a person or body that purports to have issued it or was altered by an unauthorised person to do so. This includes documents that may appear genuine but were obtained through false information.
Section 109 allows the Minister to cancel a visa if the decision to grant the visa was based on incorrect information, including bogus documents provided by the visa holder.
Section 116 provides broader powers to cancel a visa for various reasons, including if the Minister is satisfied that the visa holder provided false or misleading information.
Related: What are the Consequences of Visa Cancellation?
What are the Consequences of Cancellation under Section 109/116 for Bogus Documents?
The implications of a visa cancellation for bogus documents are severe:
You may become an unlawful non-citizen, with no legal right to remain in Australia.
You are liable for immigration detention and forced removal from Australia.
If your visa has been cancelled, you may be subject to visa ban under Public Interest Criteria (PIC) 4013, 4014 and/or Section 48 bar, severely limiting your ability to apply for most other visas.
Related: Decoding "Complex Visa Case": What It Means and Why It Matters
Can You Recover After a Cancellation? Exploring Visa Options
Recovery is challenging but not impossible, and it depends heavily on the specific circumstances of the bogus document and your overall immigration history.
Before a cancellation, you may receive a Notice of Intention to Consider Cancellation (NOICC). This is your critical opportunity to respond and argue why your visa should not be cancelled.
If your visa is cancelled, you may have the right to appeal to the Administrative Review Tribunal (ART). This is a merits review, where the tribunal reconsiders the Department’s decision. You can present new evidence and arguments. This pathway can allow you to remain in Australia on a bridging visa while the appeal is processed.
What You Should Do Immediately for a Visa Cancellation?
Reach out to an Accredited Specialist in Immigration Law immediately. Attempting to handle this situation alone may risk further complicated issues. An Accredited Specialist specialises in highly complex matters including visa cancellations, they can assess the grounds for cancellation, advise on your rights and help prepare a robust response and/or appeal.
At the same time, collect relevant documents related to the alleged bogus document, your original visa application, and any evidence that supports your arguments against cancellation.
Be honest and truthful about your circumstances and information; your representative can help you disclose them and explain them in a favourable light. Read: Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
NOICC Under s501 and s116: What are the Differences and Why Does it Matter?
I Missed the 28 Day Window to Appeal My Visa – What are My Options?
How Can Agape Henry Crux Help
Consult with one of our Accredited Specialists in Immigration Law – Jason Ling or Angela De Silva to get professional, tailored advice on the best course of action. Our team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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