Document ID: chunk:federal_register_of_legislation:C2014A00129:clause:1_501ba
Version: federal_register_of_legislation:C2014A00129
Segment Type: clause
Provision Reference: sch 1 cl 501BA
Character Range: 9395–10621

501BA  Cancellation of visa—setting aside and substitution of non‑adverse decision under section 501CA
 (1) This section applies if:
 (a) a delegate of the Minister; or
 (b) the Administrative Appeals Tribunal;
makes a decision under section 501CA (the original decision) to revoke a decision under subsection 501(3A) to cancel a visa that has been granted to a person.

Action by Minister—natural justice does not apply
 (2) The Minister may set aside the original decision and cancel a visa that has been granted to the person if:
 (a) the Minister is satisfied that the person does not pass the character test because of the operation of:
 (i) paragraph 501(6)(a), on the basis of paragraph 501(7)(a), (b) or (c); or
 (ii) paragraph 501(6)(e); and
 (b) the Minister is satisfied that the cancellation is in the national interest.
 (3) The rules of natural justice do not apply to a decision under subsection (2).

Minister's exercise of power
 (4) The power under subsection (2) may only be exercised by the Minister personally.

Decision not reviewable under Part 5 or 7
 (5) A decision under subsection (2) is not reviewable under Part 5 or 7.
Note: For notification of decisions under subsection (2), see section 501G.