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MIGRATION ACT 1958 - SECT 107 Notice of incorrect applications

MIGRATION ACT 1958 - SECT 107

Notice of incorrect applications

  (1)   If the Minister considers that the holder of a visa who has been immigration cleared (whether or not because of that visa) did not comply with section   101, 102, 103, 104 or 105 or with subsection   (2) in a response to a notice under this section, the Minister may give the holder a written notice:

  (a)   giving particulars of the possible non - compliance; and

  (b)   stating that, within a period stated in the notice as mentioned in subsection   (1A), the holder may give the Minister a written response to the notice that:

  (i)   if the holder disputes that there was non - compliance:

  (A)   shows that there was compliance; and

  (B)   in case the Minister decides under section   108 that, in spite of the statement under sub - subparagraph   (A), there was non - compliance--shows cause why the visa should not be cancelled; or

  (ii)   if the holder accepts that there was non - compliance:

  (A)   give reasons for the non - compliance; and

  (B)   shows cause why the visa should not be cancelled; and

  (c)   stating that the Minister will consider cancelling the visa:

  (i)   if the holder gives the Minister oral or written notice, within the period stated as mentioned in subsection   (1A), that he or she will not give a written response--when that notice is given; or

  (ii)   if the holder gives the Minister a written response within that period--when the response is given; or

  (iii)   otherwise--at the end of that period; and

  (d)   setting out the effect of sections   108, 109, 111 and 112; and

  (e)   informing the holder that the holder's obligations under section   104 or 105 are not affected by the notice under this section; and

  (f)   requiring the holder:

  (i)   to tell the Minister the address at which the holder is living; and

  (ii)   if the holder changes that address before the Minister notifies the holder of the Minister's decision on whether there was non - compliance by the holder--to tell the Minister the changed address.

  (1A)   The period to be stated in the notice under subsection   (1) must be:

  (a)   in respect of the holder of a temporary visa--the period prescribed by the regulations or, if no period is prescribed, a reasonable period; or

  (b)   otherwise--14 days.

  (1B)   Regulations prescribing a period for the purposes of paragraph   (1A)(a) may prescribe different periods and state when a particular period is to apply, which, without limiting the generality of the power, may be to:

  (a)   visas of a stated class; or

  (b)   visa holders in stated circumstances; or

  (c)   visa holders in a stated class of people (who may be visa holders in a particular place); or

  (d)   visa holders in a stated class of people (who may be visa holders in a particular place) in stated circumstances.

  (1C)   The notice under subsection   (1) must be given in the prescribed way.

  (2)   If the visa holder responds to the notice, he or she must do so without making any incorrect statement.

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