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MIGRATION ACT 1958 - SECT 109 Cancellation of visa if information incorrect

MIGRATION ACT 1958 - SECT 109

Cancellation of visa if information incorrect

  (1)   The Minister, after:

  (a)   deciding under section   108 that there was non - compliance by the holder of a visa; and

  (b)   considering any response to the notice about the non - compliance given in a way required by paragraph   107(1)(b); and

  (c)   having regard to any prescribed circumstances;

may cancel the visa.

  (2)   If the Minister may cancel a visa under subsection   (1), the Minister must do so if there exist circumstances declared by the regulations to be circumstances in which a visa must be cancelled.

  (3)   If the Minister cancels a visa under subsection   (1), the Minister must give the former holder of the visa a written notice that:

  (a)   sets out the decision; and

  (b)   specifies the ground for the cancellation; and

  (c)   states whether the decision is reviewable under Part   5 or 7; and

  (d)   if the former holder has a right to have the decision reviewed under Part   5 or 7--states:

  (i)   that the decision can be reviewed; and

  (ii)   the time in which the application for review may be made; and

  (iii)   who can apply for the review; and

  (iv)   where the application for review can be made.

  (4)   The notice under subsection   (3) must be given in the prescribed way.

  (5)   Failure to give notice of a decision does not affect the validity of the decision.

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