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MIGRATION ACT 1958 - SECT 501C

Refusal or cancellation of visa--revocation of decision under subsection 501(3) or 501A(3)

             (1)  This section applies if the Minister makes a decision (the original decision ) under subsection 501(3) or 501A(3) to:

                     (a)  refuse to grant a visa to a person; or

                     (b)  cancel a visa that has been granted to a person.

             (2)  For the purposes of this section, relevant information is information (other than non-disclosable information) that the Minister considers:

                     (a)  would be the reason, or a part of the reason, for making the original decision; and

                     (b)  is specifically about the person or another person and is not just about a class of persons of which the person or other person is a member.

             (3)  As soon as practicable after making the original decision, the Minister must:

                     (a)  give the person, in the way that the Minister considers appropriate in the circumstances:

                              (i)  a written notice that sets out the original decision; and

                             (ii)  particulars of the relevant information; and

                     (b)  except in a case where the person is not entitled to make representations about revocation of the original decision (see subsection (10))--invite the person to make representations to the Minister, within the period and in the manner ascertained in accordance with the regulations, about revocation of the original decision.

             (4)  The Minister may revoke the original decision if:

                     (a)  the person makes representations in accordance with the invitation; and

                     (b)  the person satisfies the Minister that the person passes the character test (as defined by section 501).

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

             (6)  If the Minister revokes the original decision, the original decision is taken not to have been made. This subsection has effect subject to subsection (7).

             (7)  Any detention of the person that occurred during any part of the period:

                     (a)  beginning when the original decision was made; and

                     (b)  ending at the time of the revocation of the original decision;

is lawful and the person is not entitled to make any claim against the Commonwealth, an officer or any other person because of the detention.

             (8)  If the Minister makes a decision (the subsequent decision ) to revoke, or not to revoke, the original decision, the Minister must cause notice of the making of the subsequent decision to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the subsequent decision was made.

             (9)  If the person does not make representations in accordance with the invitation, the Minister must cause notice of that fact to be laid before each House of the Parliament within 15 sitting days of that House after the last day on which the representations could have been made.

           (10)  The regulations may provide that, for the purposes of this section:

                     (a)  a person; or

                     (b)  a person included in a specified class of persons;

is not entitled to make representations about revocation of an original decision unless the person is a detainee.

           (11)  A decision not to exercise the power conferred by subsection (4) is not reviewable under Part 5 or 7.



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