Head to head · Checked 30 October 2026
Cancellation under section 116 vs Cancellation under section 501
Section 116 is the general cancellation power: a visa can be cancelled where the holder has breached a condition, no longer meets the criteria, gave incorrect information, is a risk to health or safety, or on the other grounds listed, after a notice of intention to consider cancellation with a period to respond, and the decision is reviewable at the Tribunal for an onshore holder. Section 501 is the character power: a visa can be refused or cancelled where the holder does not pass the character test, with mandatory cancellation for a person serving a sentence who has a substantial criminal record, revocation requests within 28 days, and review that depends on whether a delegate or the Minister personally decided. A breach of condition goes down the 116 road with a chance to answer; a serious criminal record goes down the 501 road, where the chance comes after the cancellation.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed 30 October 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Ground
- Breach of condition, criteria no longer met, incorrect information, risk, and the other listed grounds · Failure of the character test: substantial criminal record, conduct, associations, risk
- Process
- A notice of intention to consider cancellation, a period to respond, then the decision · For mandatory cancellation, the visa is cancelled first and a revocation request follows within 28 days; otherwise a notice and a response
- Review
- The Administrative Review Tribunal for onshore holders, within the period · The Tribunal for a delegate’s decision, within a short period; none for the Minister’s personal decision, only the courts
- Effect
- Unlawful unless a bridging visa is granted; section 48 applies; re-entry bans for some · Detention and removal in the ordinary case; a permanent exclusion from Australia
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About the CPD →Side by side
| Cancellation under section 116 | Cancellation under section 501 | |
|---|---|---|
| Ground | Breach of condition, criteria no longer met, incorrect information, risk, and the other listed grounds | Failure of the character test: substantial criminal record, conduct, associations, risk |
| Process | A notice of intention to consider cancellation, a period to respond, then the decision | For mandatory cancellation, the visa is cancelled first and a revocation request follows within 28 days; otherwise a notice and a response |
| Review | The Administrative Review Tribunal for onshore holders, within the period | The Tribunal for a delegate’s decision, within a short period; none for the Minister’s personal decision, only the courts |
| Effect | Unlawful unless a bridging visa is granted; section 48 applies; re-entry bans for some | Detention and removal in the ordinary case; a permanent exclusion from Australia |
| Who it reaches | Any visa holder | Any visa holder, including permanent residents of decades |
| Watch out | The response period is short and the response is the case | A sentence of 12 months or more in total, even suspended, triggers mandatory cancellation |
Charges are the current government application charges (from 1 July 2026, main applicant) — see the fee calculator for your family's total. Checked 30 October 2026.
The honest verdict
Section 116 is the general cancellation power: a visa can be cancelled where the holder has breached a condition, no longer meets the criteria, gave incorrect information, is a risk to health or safety, or on the other grounds listed, after a notice of intention to consider cancellation with a period to respond, and the decision is reviewable at the Tribunal for an onshore holder. Section 501 is the character power: a visa can be refused or cancelled where the holder does not pass the character test, with mandatory cancellation for a person serving a sentence who has a substantial criminal record, revocation requests within 28 days, and review that depends on whether a delegate or the Minister personally decided. A breach of condition goes down the 116 road with a chance to answer; a serious criminal record goes down the 501 road, where the chance comes after the cancellation.
Which side of that line you fall on depends on facts a table cannot hold — your age, score, occupation's lists, and what evidence you can actually assemble. That is consultation territory, not guesswork territory.
More head-to-heads: 482 vs 494 · 190 vs 491 · 189 vs 190 · 482 vs 186
General information only, not migration advice. Settings shown are the general rules; exemptions and stream variations exist. Migration advice is provided by Keshab Chapagain (MARN 1576536) after a paid consultation under the Migration Agents Code of Conduct.
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Questions we get asked first
Cancellation under section 116 or Cancellation under section 501 — which is better?
Section 116 is the general cancellation power: a visa can be cancelled where the holder has breached a condition, no longer meets the criteria, gave incorrect information, is a risk to health or safety, or on the other grounds listed, after a notice of intention to consider cancellation with a period to respond, and the decision is reviewable at the Tribunal for an onshore holder. Section 501 is the character power: a visa can be refused or cancelled where the holder does not pass the character test, with mandatory cancellation for a person serving a sentence who has a substantial criminal record, revocation requests within 28 days, and review that depends on whether a delegate or the Minister personally decided. A breach of condition goes down the 116 road with a chance to answer; a serious criminal record goes down the 501 road, where the chance comes after the cancellation.
What is the main difference between the Cancellation under section 116 and the Cancellation under section 501?
Ground: Cancellation under section 116 — Breach of condition, criteria no longer met, incorrect information, risk, and the other listed grounds; Cancellation under section 501 — Failure of the character test: substantial criminal record, conduct, associations, risk. Process: Cancellation under section 116 — A notice of intention to consider cancellation, a period to respond, then the decision; Cancellation under section 501 — For mandatory cancellation, the visa is cancelled first and a revocation request follows within 28 days; otherwise a notice and a response. Review: Cancellation under section 116 — The Administrative Review Tribunal for onshore holders, within the period; Cancellation under section 501 — The Tribunal for a delegate’s decision, within a short period; none for the Minister’s personal decision, only the courts.
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