Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 501CA

Cancellation of visa--revocation of decision under subsection 501(3A) (person serving sentence of imprisonment)

             (1)  This section applies if the Minister makes a decision (the original decision ) under subsection 501(3A) (person serving sentence of imprisonment) to cancel a visa that has been granted to a person.

             (2)  For the purposes of this section, relevant information is information (other than non-disclosable information) that the Minister considers:

                     (a)  would be the reason, or a part of the reason, for making the original decision; and

                     (b)  is specifically about the person or another person and is not just about a class of persons of which the person or other person is a member.

             (3)  As soon as practicable after making the original decision, the Minister must:

                     (a)  give the person, in the way that the Minister considers appropriate in the circumstances:

                              (i)  a written notice that sets out the original decision; and

                             (ii)  particulars of the relevant information; and

                     (b)  invite the person to make representations to the Minister, within the period and in the manner ascertained in accordance with the regulations, about revocation of the original decision.

             (4)  The Minister may revoke the original decision if:

                     (a)  the person makes representations in accordance with the invitation; and

                     (b)  the Minister is satisfied:

                              (i)  that the person passes the character test (as defined by section 501); or

                             (ii)  that there is another reason why the original decision should be revoked.

             (5)  If the Minister revokes the original decision, the original decision is taken not to have been made.

             (6)  Any detention of the person that occurred during any part of the period:

                     (a)  beginning when the original decision was made; and

                     (b)  ending at the time of the revocation of the original decision;

is lawful and the person is not entitled to make any claim against the Commonwealth, an officer or any other person because of the detention.

             (7)  A decision not to exercise the power conferred by subsection (4) is not reviewable under Part 5 or 7.

Note:          For notification of decisions under subsection (4) to not revoke, see section 501G.



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