The Department of Home Affairs has cancelled the visa of US-based online streamer "Sneako" (Nicolas Kenn De Balinthazy) after public concern about content the Department considered antisemitic and he has reportedly left Australia.
The case is a useful reminder of how broad the Minister's power to cancel a visa already is — and how that power has been further sharpened by the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 (Cth), which inserted new grounds into the Migration Act 1958 (Cth) specifically directed at hate‑motivated conduct, public hate speech and association with prohibited hate groups.
For anyone planning to enter Australia on a temporary visa — particularly visiting public figures, speakers, and commercial talent — this is the framework to read now.
What changed on 22 January 2026: new specific hate‑conduct grounds
The Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 broadens the circumstances in which the Minister may exercise the existing section 500A and section 501 powers. It does not create new powers — it adds new specific grounds the existing powers can be used against, and it leaves the existing natural‑justice framework untouched.
The new grounds capture, in plain summary:
- Membership of an organisation that was, at any time during the membership, a terrorist organisation, a state sponsor of terrorism, or a prohibited hate group.
- An association with such an organisation where the person's intention by the association is to support terrorism, extremism or hatred, or to further acts of terrorism, extremism or hatred.
- Involvement in conduct constituting a "hate crime" as defined in section 114A.3 of the Criminal Code, whether or not the person has been convicted of an offence in respect of that conduct.
- Making or endorsing one or more public statements — including online — that involve the dissemination of ideas based on superiority over, or hatred of, other persons on the basis of race, colour, or national or ethnic origin, where the conduct may give rise to a risk of harm to the Australian community or a segment of it.
It is the last of these grounds — public statements, online included, that disseminate ideas of superiority or hatred on protected attributes — that most directly maps to the kind of factual situation that has been agitating recent visa decisions involving visiting commentators.
These grounds do not require a criminal conviction. They operate on the Minister's reasonable suspicion that the conduct has occurred and that it engages the relevant ground.
How a cancellation plays out
When a visa is cancelled while the holder is in Australia, the legal effect is immediate. The holder becomes an "unlawful non‑citizen" and is liable to be detained and removed under the Act. In practice, removal is often arranged by departure on a commercial flight rather than physical detention, particularly where the holder is willing to leave.
Permanent exclusion: Special Return Criterion 5001
A person refused a visa under those sections is permanently excluded from being granted a further visa where SRC 5001 applies. For visiting figures whose visas have been refused or cancelled on character grounds, this is the long tail of the decision. It is not just a question of leaving Australia now; it is a question of whether they can ever return on any visa.
What this means in practice:
For tour and event organisers: Bringing a high‑profile international guest to Australia is no longer a logistical exercise alone. A pre‑tour character risk review — covering online history, prior platform bans, public statements, and any association with organisations that may be characterised as prohibited hate groups — is now central to avoiding a visa being cancelled mid‑tour and the guest becoming permanently excluded under SRC 5001.
For visa applicants with public profiles: Where an applicant has a contested public record, full disclosure at lodgement, supported by clear evidence about purpose and plans in Australia, is the safer path. Concealing prior platform bans, prior visa refusals, public statements or associations that engage the new grounds can independently fail the character test — and a refusal can permanently close the door under SRC 5001.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, businesses, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you are dealing with a visa cancellation, a notice of intention to consider cancellation, or a character‑test concern in any visa application, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Michael Jeremy, Registered Migration Agent, MARN: 0208955
This article does not constitute legal/financial advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.