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Visa Cancellation: Visas Based On Incorrect Information May Be Cancelled

Sections 104 and 105 amended to require non-citizens to advise immigration officers of certain information (including changes in circumstances and incorrect answers) 'as soon as practicable'.

Section 107 (Notice of incorrect applications) amended to allow for flexibility in setting the time period for a visa holder's response to a notice given under this section. In respect of holders of temporary visas, the 14 day response period is replaced by a period to be prescribed by the regulations, or, if no period is prescribed, 'a reasonable period'.

New:

• subsection 107(1B) allows the regulations to prescribe differing response periods for temporary visa holders based on the characteristics of visa holders and visas. The response period in respect of permanent visa holders remains 14 days
• subsection 107(1)(f) provides for certain additional matters to be included in a section 107 notice to a visa holder. This new subsection provides for this notice to require the visa holder to inform an immigration case officer of the address at which he or she is living, and to notify of any change in that address occurring before the holder has been notified of the case oficer's decision regarding possible non-compliance
• section 107A (Possible non-compliances in connection with a previous visa may be grounds for cancellation of current visa) is inserted. This new section provides that a possible non-compliance that is specified in a section 107 notice to a visa holder, and which can constitute a ground for cancellation under section 109, may have occurred at any time, and may relate to a previous visa
  

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