Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p26
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 63045–65763

further action about the information.

When decision about visa cancellation may be made

"50AJ.(1) Subject to section 50AF (give information) and subsection (2), the Minister may cancel a visa at any time after notice about the cancellation has been given under section 50AE and after whichever one of the following happens first:

   (a)     the holder responds to the notice;

     (b)     the holder tells the Minister that the holder does not wish to respond;

   (c)     the time for responding to the notice passes.

"(2) The Minister is not to cancel a visa after inviting the visa holder to comment on information and before whichever one of the following happens first:

   (a)     the comments are given;

     (b)     the holder tells the Minister that the holder does not wish to comment;

   (c)     the time for commenting passes.

Application of Subdivision to non-citizen in immigration clearance

"50AK. If a non-citizen in immigration clearance who is not taken into questioning detention is given an invitation under paragraph 50AE(1)(b) or 50AF(1)(f), the period within which he or she may

respond to the invitation is to end when, or before, he or she ceases to be in immigration clearance.

Application of Subdivision to non-citizen in questioning detention

"50AL.(1) If a non-citizen in questioning detention who is not released before the end of the 4 hours for which he or she may be detained is given an invitation under paragraph 50AE(1)(b) or 50AF(1)(f), the period within which he or she may respond to the invitation is to end when, or before, those 4 hours end.

"(2) If a non-citizen who has been given an invitation under paragraph 50AE(1)(b) or 50AF(1)(f) (whether in immigration clearance or otherwise) is taken into questioning detention and not released before the end of the 4 hours for which he or she may be detained, the period within which he or she is to respond to the invitation is to end when, or before, those 4 hours end.

Notification of decision

"50AM.(1) When the Minister decides to cancel a visa, he or she is to notify the visa holder of the decision in the prescribed way.

  "(2) Notification of a decision to cancel a visa must:

   (a)     specify the ground for the cancellation; and

   (b)    if the decision is reviewable under Part 3 or 4A; and

     (c)     if the former visa holder has a right to have the decision reviewed under Part 3 or 4A—state:

       (i) that the decision can be reviewed; and

          (ii) 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