Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 129

Notice of cancellation

             (1)  If the Minister cancels a visa under section 128, he or she must give the former holder of the visa a notice:

                     (a)  stating the ground on which it was cancelled; and

                     (b)  giving particulars of that ground and of the information (not being non-disclosable information) because of which the ground was considered to exist; and

                     (c)  inviting the former holder to show, within a specified time, being a prescribed time, that:

                              (i)  that ground does not exist; or

                             (ii)  there is a reason why the visa should not have been cancelled; and

                     (d)  stating that, if the former holder shows, within the specified time, that the ground does not exist, the cancellation will be revoked; and

                     (e)  stating that, if the former holder shows that there is a reason why the visa should not have been cancelled, the cancellation might be revoked.

             (2)  The notice is to be given in the prescribed way.

             (3)  Failure to give notification of a decision does not affect the validity of the decision.



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