Commonwealth Consolidated Acts

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Effect of setting aside decision to cancel visa

             (1)  If the Federal Court, the Federal Circuit Court 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.

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