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MIGRATION ACT 1958 - SECT 501BA Cancellation of visa--setting aside and substitution of non - adverse decision under section 501CA

MIGRATION ACT 1958 - SECT 501BA

Cancellation of visa--setting aside and substitution of non - adverse decision under section 501CA

  (1)   This section applies if:

  (a)   a delegate of the Minister; or

  (b)   the Administrative Appeals Tribunal;

makes a decision under section   501CA (the original decision ) to revoke a decision under subsection   501(3A) to cancel a visa that has been granted to a person.

Action by Minister--natural justice does not apply

  (2)   The Minister may set aside the original decision and cancel a visa that has been granted to the person if:

  (a)   the Minister is satisfied that the person does not pass the character test because of the operation of:

  (i)   paragraph   501(6)(a), on the basis of paragraph   501(7)(a), (b) or (c); or

  (ii)   paragraph   501(6)(e); and

  (b)   the Minister is satisfied that the cancellation is in the national interest.

  (3)   The rules of natural justice do not apply to a decision under subsection   (2).

Minister's exercise of power

  (4)   The power under subsection   (2) may only be exercised by the Minister personally.

Decision not reviewable under Part   5 or 7

  (5)   A decision under subsection   (2) is not reviewable under Part   5 or 7.

Note:   For notification of decisions under subsection   (2), see section   501G.

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