Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p25
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 25/26)
Character Range: 417377–419952

116(1)(b) of the Act.
Note: For example, see subregulation 2.43(2) for the circumstances in which the Minister must cancel a visa.

2.44  Invitation to comment—response
 (1) For the purposes of subsection 121(2) of the Act (which deals with the time in which a holder must give comments, other than at interview), the periods set out in subregulation (2) are prescribed.
 (2) The periods referred to in subregulation (1) begin when the visa holder is notified under subsection 119(2), or receives an invitation under subsection 120(2), as the case requires, and are:
 (a) if the visa holder is in Australia—5 working days; or
 (b) if the visa holder is outside Australia:
 (i) where the cancellation of his or her visa is being considered in Australia—28 days; or
 (ii) where the cancellation of his or her visa is being considered at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in the country in which the visa holder is present—5 working days; or
 (iii) where the cancellation of his or her visa is being considered at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in another country than the country in which the visa holder is present—28 days.
 (3) For the purposes of subsection 121(4) of the Act (which deals with extension of time to give comments), 5 working days is prescribed.
Note 1: Regulation 2.55 applies to the giving of a document relating to:
• the proposed cancellation of a visa under the Act; or
• the cancellation of a visa under the Act; or
• a decision to revoke or not to revoke the cancellation of a visa under the Act.
Note 2: A document given to a person in immigration detention is given in the manner specified in regulation 5.02.

2.46  Time to respond to notice of cancellation (Act, s 129(1)(c))
  For the purposes of paragraph 129(1)(c) of the Act (which deals with response to cancellation of a visa), the following periods are prescribed:
 (a) if the former holder of the visa is outside Australia when he or she is given a notice of the cancellation—28 days;
 (b) if he or she is in Australia when he or she is given notice of the cancellation:
 (i) if he or she wishes the cancellation to be reconsidered while he or she is in Australia—5 minutes; or
 (ii) if he or she wishes the cancellation to be reconsidered while he or she is outside Australia, and he or she departs Australia as soon as possible after being given a notice of the cancellation—28 days;
beginning when the former holder of the visa is given a notice of the cancellation.

2.48