Document ID: chunk:federal_register_of_legislation:C2014A00129:clause:2_133c:p1
Version: federal_register_of_legislation:C2014A00129
Segment Type: clause
Provision Reference: sch 2 cl 133C (pt 1/2)
Character Range: 26855–29442

133C  Minister's personal powers to cancel visas on section 116 grounds

Action by Minister—natural justice applies
 (1) If a notification was given under section 119 to the holder of a visa in relation to a ground for cancelling the visa under section 116, and the Migration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal or a delegate of the Minister:
 (a) decided that the ground did not exist; or
 (b) decided not to exercise the power in section 116 to cancel the visa (despite the existence of the ground);
the Minister may set aside that decision and cancel the visa if:
 (c) the Minister considers that the ground exists; and
 (d) the visa holder does not satisfy the Minister that the ground does not exist; and
 (e) the Minister is satisfied that it would be in the public interest to cancel the visa.
Note: The Minister's power to cancel a visa under this subsection is subject to section 117 (see subsection (9) of this section).
 (2) The procedures set out in Subdivisions E and F do not apply to a decision under subsection (1).

Action by Minister—natural justice does not apply
 (3) The Minister may cancel a visa held by a person if:
 (a) the Minister is satisfied that a ground for cancelling the visa under section 116 exists; and
 (b) the Minister is satisfied that it would be in the public interest to cancel the visa.
Note: The Minister's power to cancel a visa under this subsection is subject to section 117 (see subsection (9) of this section).
 (4) The rules of natural justice, and the procedures set out in Subdivisions E and F, do not apply to a decision under subsection (3).
 (5) The Minister may cancel a visa under subsection (3) whether or not:
 (a) the visa holder was given a notification under section 119 in relation to the ground for cancelling the visa; or
 (b) the visa holder responded to any such notification; or
 (c) the Migration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal or a delegate of the Minister:
 (i) decided that the ground did not exist; or
 (ii) decided not to exercise the power in section 116 to cancel the visa (despite the existence of the ground); or
 (d) a delegate of the Minister decided to revoke, under subsection 131(1), a cancellation of the visa in accordance with section 128 in relation to the ground.
 (6) If a decision was made as mentioned in paragraph (5)(c), the power under subsection (3) to cancel a visa is a power to set aside that decision and cancel the visa.

Minister's exercise of power
 (7) The power in subsection (1) or (3)