Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 501A

Refusal or cancellation of visa--setting aside and substitution of non - adverse decision under subsection 501(1) or (2)

  (1)   This section applies if:

  (a)   a delegate of the Minister; or

  (b)   the Administrative Appeals Tribunal;

makes a decision (the original decision ):

  (c)   not to exercise the power conferred by subsection   501(1) to refuse to grant a visa to the person; or

  (d)   not to exercise the power conferred by subsection   501(2) to cancel a visa that has been granted to a person;

whether or not the person satisfies the delegate or Tribunal that the person passes the character test and whether or not the delegate or Tribunal reasonably suspects that the person does not pass the character test.

Action by Minister--natural justice applies

  (2)   The Minister may set aside the original decision and:

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

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

if:

  (c)   the Minister reasonably suspects that the person does not pass the character test (as defined by section   501); and

  (d)   the person does not satisfy the Minister that the person passes the character test; and

  (e)   the Minister is satisfied that the refusal or cancellation is in the national interest.

Action by Minister--natural justice does not apply

  (3)   The Minister may set aside the original decision and:

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

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

if:

  (c)   the Minister reasonably suspects that the person does not pass the character test (as defined by section   501); and

  (d)   the Minister is satisfied that the refusal or cancellation is in the national interest.

  (4)   The rules of natural justice, and the code of procedure set out in Subdivision AB of Division   3 of Part   2, do not apply to a decision under subsection   (3).

  (4A)   Under subsection   (2) or (3), the Minister may cancel a visa that has been granted to a person even if the original decision under subsection   (1) was a decision not to exercise the power conferred by subsection   501(1) to refuse to grant a visa to the person.

Minister's exercise of power

  (5)   The power under subsection   (2) or (3) may only be exercised by the Minister personally.

  (6)   The Minister does not have a duty to consider whether to exercise the power under subsection   (2) or (3) in respect of the original decision, whether or not the Minister is requested to do so, or in any other circumstances.

Decision not reviewable under Part   5 or 7

  (7)   A decision under subsection   (2) or (3) is not reviewable under Part   5 or 7.

Note 1:   For notification of decisions under subsection   (2), see section   501G.

Note 2:   For notification of decisions under subsection   (3), see section   501C.


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