Can the government cancel my visa while I'm still in Australia and detain me?

What the Law Says

Australian migration law gives the Minister for Immigration broad powers to cancel visas and detain non-citizens who breach visa conditions or become unlawful.

Under the Migration Act 1958 (Cth), the Minister or a delegate may cancel a visa at any time if they reasonably suspect you do not meet the criteria for holding it — for example, if you've breached a condition like working more hours than allowed, failed to maintain health insurance, or been convicted of a crime.

Once your visa is cancelled, you immediately become an 'unlawful non-citizen' — even if you’re still physically in Australia. This triggers automatic detention powers under the Act.

Section 189 requires that an unlawful non-citizen 'must be detained' as soon as reasonably practicable after becoming unlawful. There is no discretion — detention is mandatory unless a specific exemption applies (e.g., release on bridging visa E under limited circumstances).

Detention must be reviewed by the Administrative Appeals Tribunal (AAT) within 72 hours if requested, but this does not stop detention from starting immediately. You may remain in immigration detention until you are either removed from Australia or granted another visa.

Statutory Text

The Minister may cancel a visa granted to a person if the Minister reasonably suspects that the person does not satisfy a criterion for the grant of the visa.

— Migration Act 1958 (Cth), s. 116 — Cancellation of visas

Statutory Text

An officer must detain a non-citizen if the officer knows or reasonably suspects that the non-citizen is an unlawful non-citizen.

— Migration Act 1958 (Cth), s. 189 — Detention of unlawful non-citizens

Statutory Text

An unlawful non-citizen must be removed from Australia as soon as reasonably practicable.

— Migration Act 1958 (Cth), s. 198 — Removal of unlawful non-citizens

What to Do

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