Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or the Administrative Appeals Tribunal sets aside a decision under section 109 to cancel a person's visa, the visa is taken never to have been cancelled.
(2) In spite of subsection (1), any detention of the non
- citizen between the purported cancellation of the visa and the decision to
set aside the decision to cancel is lawful and the non - citizen is not
entitled to make any claim against the Commonwealth or an officer because of
the detention.