Temporary visa holders in Australia—whether here on a Working Holiday visa, Student visa, or other subclasses—often find themselves in vulnerable situations. You might face unfair treatment at work, a rental dispute, or an issue with a finance provider. Unfortunately, many choose to stay silent or suffer in silence due to fear that speaking up could lead to their visa being cancelled.
At Heenan & Browne Visa and Migration Services, we regularly hear from clients worried that taking legal action or making a complaint will put their visa status at risk. These fears are often fuelled by misinformation or even threats from employers or landlords.
We’re here to set the record straight. Below, we explain the real reasons a visa may be cancelled, your rights as a visa holder, and how to protect yourself with accurate, reliable information.
What Are the Real Reasons a Visa Can Be Cancelled?
Under section 116 of the Migration Act 1958, the Department of Home Affairs can cancel a visa—but only in specific legal circumstances. Cancellation is discretionary, not automatic, and it must be based on lawful grounds.
1. A Key Fact No Longer Exists – Section 116(1)(a)
Your visa may be cancelled if a significant fact that supported your visa grant no longer exists.
For example:
A person on the Skills in Demand (Subclass 482) visa is sponsored for a specific skilled role. If their employment ends or changes substantially, and that employment was essential to the visa grant, the Department may review their status.
This does not apply simply because you changed employers lawfully, filed a complaint, or took legal action against your workplace.
2. A False Fact at the Time of Application – Section 116(1)(aa)
If a visa was granted based on information that was false or did not exist at the time, it may be cancelled.
For example:
An applicant falsely claimed qualifications or work experience to meet eligibility criteria for their visa. If the Department later finds out, it may use this ground to cancel the visa.
This ground focuses on dishonesty at the time of application—not life events or disputes that arise after your visa is granted.
3. Breaching Visa Conditions – Section 116(1)(b)
Each visa subclass carries conditions, such as work restrictions or study requirements. If these conditions are not followed, the visa may be at risk.
Examples include:
A student working more hours than allowed during their course.
A Skills in Demand visa holder working in a role or location not approved by their sponsor.
Importantly, making a complaint about your workplace or tenancy conditions is not a breach of visa conditions.
4. Providing False Information Before Entry – Section 116(1)(d)
If false information or documents are given before immigration clearance, the visa may be cancelled.
For example:
A person arrives in Australia and denies having a criminal conviction on their incoming passenger card, but this is later found to be false.
5. Risk to Public Health or Safety – Section 116(1)(e)
A visa may be cancelled if the person’s presence in Australia poses a risk to health, safety, or good order.
Examples include:
Convictions for serious violent or sexual offences
Active, untreated tuberculosis with refusal to comply with medical treatment
This provision applies in serious cases and does not cover everyday complaints or disputes.
What Will Not Lead to Visa Cancellation
Let’s be clear—your visa cannot be cancelled just because you:
Report an employer to the Fair Work Ombudsman
Lodge a tenancy complaint or appear before a tribunal
Dispute a financial matter with a bank or credit provider
Take legal action or go to court
Seek help from a union, ombudsman, or community lawyer
If someone threatens your visa status because of these actions, they may be attempting to intimidate or manipulate you—this is unlawful, and you should seek legal advice.
You Have Rights as a Temporary Visa Holder
As a visa holder in Australia, you are protected by the same workplace, tenancy, and consumer laws that apply to everyone else. You are entitled to:
Fair pay, safe conditions, and protection from exploitation (Fair Work Ombudsman)
Proper tenancy procedures and dispute resolution (State/Territory tribunals)
Protection from unfair loans or contracts (AFCA and ACCC)
Equal treatment and freedom from discrimination (Australian Human Rights Commission)
These rights apply regardless of your visa type or status.
What Should You Do If You’re Worried About Visa Cancellation?
Check your visa conditions using your VEVO record
Keep written records and documents of all agreements or complaints
Seek professional advice early if something feels wrong
Never ignore communication from the Department of Home Affairs
Remember: asking for help is not a breach of your visa
How Heenan & Browne Visa and Migration Services Can Help
We understand how difficult it is to navigate visa rules while also standing up for your rights in a foreign country. At Heenan & Browne Visa and Migration Services, we support visa holders in understanding the law, staying compliant, and defending themselves against false or misleading threats.
If you’re facing a dispute or worried about your visa being cancelled, our registered migration agents can help you understand your options and take appropriate steps.
Book a consultation today for a confidential consultation and peace of mind.
Disclaimer
This article provides general information only. It does not constitute legal advice and should not be relied upon as a substitute for tailored guidance from a registered migration agent or legal professional.
