NOTICE OF INTENTION TO CONSIDER CANCELLATION
UNDER SECTION 116 OF THE MIGRATION ACT 1958


Client ID: 0000000000
DIAC File Number: 0000000000

Sent by email

Mr xyz
[email protected]


Dear Mr xyz

It has come to the department’s attention that there may be a ground for cancellation of your subclass 457 visa under section 116 of the Migration Act 1958 (‘the Act’) because you are no longer employed by your business sponsor, ABC PTY LTD. On 16 December 2008 the department was notified in writing that your employment with ABC Services P/L was terminated on 02 December 2008.

If this is the case, your visa may be cancelled on the following ground under section 116(1)(a) which sets out the following ground for cancellation:

Section 116. Power to cancel

116 (1) Subject to subsections (2) and (3), the Minister may cancel a visa if he or she is satisfied that:

(a) any circumstances which permitted the grant of the visa no longer exist.

The Act gives you the opportunity to comment on this ground for cancellation and to give reasons why your visa should not be cancelled.

You should give a written answer why your visa should not be cancelled. Your answer should say:

• Why you think the ground for cancellation does or does not exist, and
• Why you think your visa should or should not be cancelled.

You must provide your written response within five working days after the day you received this notice. You are taken to have received this notice on Tuesday 20 January 2009.



If you do not respond within that time, a decision on whether to cancel your visa will be made using information already held by the department. If you are unable to respond in the above time frame, you should contact me on (000000 beforehand to seek an extension of time. Please note that the time for responding to this notice may only be extended by 5 working days.

Deciding whether to cancel your visa is a two-step process. Firstly, an officer will decide whether there is a ground for cancellation of your visa. Your written response will be taken into account.

Secondly, if the officer decides that there is no ground for cancellation, your visa will not be cancelled. If the officer decides that there is a ground for cancellation, a decision will be made whether or not to cancel your visa. Your written response will be taken into account.

The decision-maker will take into account matters such as:

• The purpose of your travel to and stay in Australia.
• The extent of your non-compliance with any conditions subject to which your visa was
granted.
• The degree of hardship which may be caused to you and any family members if the visa is
cancelled.
• The circumstances in which the ground for cancellation arose.
• Your behaviour in relation to the department, now and on previous occasions.

You should address these matters in your response and any other matters you think relevant.

If your visa is cancelled you will become an unlawful non-citizen, unless you are granted a further visa. If you have made a further substantive visa application since your arrival in Australia, any bridging visa you were granted in relation to that application ceases at the end of the day your visa is cancelled.

If you become an unlawful non-citizen, you may be detained and may be removed from Australia. If you have family unit members (e.g., spouse, dependent children) in Australia who hold visas because you hold a visa and your visa is cancelled, their visas will also be cancelled. If a person (other than a family unit member) holds a visa because you hold a visa and your visa is cancelled, then that person’s visa may also be cancelled.

If you have any queries, please contact me on 000000 or at [email protected]


Yours sincerely


xyz
Business Monitoring Unit
Border Security & Investigations
DIAC Victoria

20 January 2009