MIGRATION ACT 1958 - SECT 114 Effect of setting aside decision to cancel visa
MIGRATION ACT 1958 - SECT 114
Effect of setting aside decision to cancel visa(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.