Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p27
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 65532–68391

the time in which the application for review may be made; and

      (iii) who can apply for the review; and

      (iv) where the application for review can be made.

"(3) Failure to give notification of a decision does not affect the validity of the decision.

        "Subdivision F—Other procedure for cancelling visas under Subdivision D outside Australia

Cancellation of visas of people outside Australia

  "50AN. If:

   (a) the Minister is satisfied that:

         (i) there is a ground for cancelling a visa under section 50AB; and

          (ii) it is appropriate to cancel in accordance with this Subdivision; and

   (b) the non-citizen has not entered Australia;

the Minister may, without notice to the holder of the visa, cancel the visa.

Notice of cancellation

"50AO.(1) If the Minister cancels a visa under section 50AN, he or she must give the former holder of the visa a notice:

  (a)     stating the ground on which it was cancelled; and

    (b)     giving particulars of that ground and of the information (not being non-disclosable information) because of which the ground was considered to exist; and

  (c)     inviting the former holder to show that:

       (i) that ground does not exist; or

         (ii) there is a reason why the visa should not have been cancelled; and

    (d)     stating that, if the former holder shows, within a specified time, being a prescribed time, that the ground does not exist, the cancellation will be revoked; and

    (e)     stating that, if the former holder shows that there is a reason why the visa should not have been cancelled, the cancellation might be revoked.

  "(2) The notice is to be given in the prescribed way.

Prescribed periods

"50AP. Regulations prescribing a period for the purpose of paragraph 50AO(1)(d) may prescribe different periods and specify when a particular period is to apply, which, without limiting the generality of the power, may be to:

  (a)     visas in a specified class; or

  (b)     former visa holders in specified circumstances; or

    (c)     former visa holders in a specified class (which may be former visa holders in a specified place); or

    (d)     former visa holders in a specified class (which may be former visa holders in a specified place) in specified circumstances.

Decision about revocation of cancellation

"50AQ.(1) Subject to subsection (2), after considering any response to a notice under section 50AO of the cancellation of a visa, the Minister:

  (a)     if not satisfied that there was a ground for the cancellation; or

    (b)     if satisfied that there is another reason why the cancellation should be revoked;

is to revoke the cancellation.

"(2) The Minister is not to revoke the cancellation of a visa if there exist prescribed circumstances in which the visa must be cancelled.

Notification of decision