Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 134E

Notice of cancellation

  (1)   If:

  (a)   the Minister decides under section   134B to cancel a visa; and

  (b)   the Minister decides under subsection   134C(3) not to revoke the cancellation;

then the Minister must give the former holder of the visa written notice of the cancellation.

  (2)   The notice must be given:

  (a)   if the assessment made by ASIO for the purposes of section   134C contains an advice that it is essential to the security of the nation that a notice is not given to the person under this section--as soon as reasonably practicable after ASIO advises the Minister, in writing, that it is no longer essential to the security of the nation for the notice not to be given; and

  (b)   otherwise--as soon as reasonably practicable after the Minister decides under subsection   134C(3) not to revoke the cancellation.

  (3)   The notice must:

  (a)   state that the visa was cancelled under section   134B; and

  (b)   be given to the person in the prescribed way.

  (4)   Failure to give the notice does not affect the validity of either:

  (a)   the decision under section   134B to cancel the visa; or

  (b)   the decision under subsection   134C(3) not to revoke the cancellation.


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