Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 137P

Effect of revocation

             (1)  If the cancellation of a visa is revoked under section 137L or 137N, the visa is taken never to have been cancelled under section 137J.

             (2)  If the revocation is under section 137L and the decision is made wholly or partly on the ground that paragraph 137L(1)(a) or (b) applies to the breach that was alleged in the notice mentioned in section 137J, then that breach cannot be a ground for cancelling the visa under section 116.

             (3)  However, a revocation under section 137L or 137N does not otherwise limit or affect any other power to cancel the visa under this Act.

             (4)  In particular, a different or later breach of a condition of the visa can be a ground for cancelling the visa under section 116.

             (5)  Despite subsection (1), any detention of the non-citizen that occurred during any part of the period:

                     (a)  beginning when the visa was cancelled under section 137J; and

                     (b)  ending at the time of the revocation of the cancellation;

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



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