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MIGRATION REGULATIONS 1994 - REG 2.52

Refusal or cancellation of visa--representations in respect of revocation of decision by Minister (Act, s 501C and 501CA)

  (1)   This regulation applies to representations made to the Minister under paragraphs 501C(3)(b) and 501CA(3)(b) of the Act.

  (2)   The representations must be made:

  (a)   for a representation under paragraph   501C(3)(b) of the Act--within 7 days after the person is given the notice under subparagraph   501C(3)(a)(i) of the Act; and

  (b)   for a representation under paragraph   501CA(3)(b) of the Act--within 28 days after the person is given the notice and the particulars of relevant information under paragraph   501CA(3)(a) of the Act.

  (3)   The representations must be in writing, and:

  (a)   in English; or

  (b)   if the representations are in a language other than English--accompanied by an accurate English translation.

  (4)   The representations must include the following information:

  (a)   the full name of the person to whom the representations relate;

  (b)   the date of birth of that person;

  (c)   one of the following:

  (i)   the applicant's client number;

  (ii)   the Immigration file number;

  (iii)   the number of the receipt issued by Immigration when the visa application was made;

  (d)   if the visa application was made outside Australia--the name of the Australian mission or Immigration office at which the visa application was given to the Minister;

  (e)   a statement of the reasons on which the person relies to support the representations.

  (5)   A document accompanying the representations must be:

  (a)   the original document; or

  (b)   a copy of the original document that is certified in writing to be a true copy by:

  (i)   a Justice of the Peace; or

  (ii)   a Commissioner for Declarations; or

  (iii)   a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959 ; or

  (iv)   if the copy is certified in a place outside Australia:

  (A)   a person who is the equivalent of a Justice of the Peace or a Commissioner for Declarations in that place; or

  (B)   a Notary Public.

  (6)   If a document accompanying the representations is in a language other than English, the document must be accompanied by an accurate English translation.

  (7)   For section   501C of the Act (see subsection   (10)), a person is not entitled to make representations about revocation of an original decision if:

  (a)   the person is not a detainee; and

  (b)   the person is a non - citizen in Australia; and

  (c)   either:

  (i)   the person has been refused a visa under section   501 or 501A of the Act; or

  (ii)   the last visa held by the person has been cancelled under either of those sections.


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