Common mistake: "If incorrect information is provided as part of visa application X and that visa is granted, visa X can be cancelled under s 109 of the Migration Act 1958, but if the same applicant applies for visa Y without providing incorrect information and that visa is granted, visa Y cannot be cancelled under s 109".
Section 109 of the Migration Act 1958 gives the Minister the power to cancel a visa if incorrect information was provided as part of a visa application.
It is commonly assumed that if a person provided incorrect information as part of visa application X and that visa is granted, visa X can be cancelled under s 109 of the Migration Act 1958, but if the same applicant applies for visa Y without providing incorrect information and that visa is granted, visa Y cannot be cancelled under s 109. With respect, that is incorrect for the following reason:
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