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MIGRATION ACT 1958 - SECT 135 Representations concerning cancellation of business visa

MIGRATION ACT 1958 - SECT 135

Representations concerning cancellation of business visa

  (1)   Before cancelling a visa under subsection   134(1), (3A) or (4), the Minister must give its holder a written notice:

  (a)   stating that the Minister proposes to cancel the visa; and

  (b)   inviting its holder to make representations to the Minister concerning the proposed cancellation within:

  (i)   if the notice is given in Australia--28 days after the notice is given; or

  (ii)   if the notice is given outside Australia--70 days after the notice is given.

  (2)   The holder may make such representations to the Minister within the time specified in the notice.

  (3)   The Minister must give due consideration to any representations.

  (4)   If:

  (a)   the time specified in the notice ends after the end of the period referred to in subsection   134(9); and

  (b)   at the end of the period of 90 days commencing at the time specified in the notice, the Minister has not made a decision on whether to proceed with the cancellation;

the Minister is not to proceed with the cancellation.

  (5)   If the Minister decides not to proceed with the cancellation, the Minister must give its holder written notice to that effect.

  (6)   A notice under subsection   (1) or (5) must be given in the prescribed way.

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