Document ID: chunk:federal_register_of_legislation:C2006C00048:clause:1_501a
Version: federal_register_of_legislation:C2006C00048
Segment Type: clause
Provision Reference: sch 1 cl 501A
Character Range: 18263–20550

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) to grant a visa to a person as a result of not exercising 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.

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).

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.