Migration Act 1958

The Minister, after:

deciding under section 108 that there was non‑compliance by the holder of a visa; and

considering any response to the notice about the non‑compliance given in a way required by paragraph 107(1)(b); and

having regard to any prescribed circumstances;

If the Minister may cancel a visa under subsection (1), the Minister must do so if there exist circumstances declared by the regulations to be circumstances in which a visa must be cancelled.

If the Minister cancels a visa under subsection (1), the Minister must give the former holder of the visa a written notice that:

sets out the decision; and

specifies the ground for the cancellation; and

if the former holder has a right to have the decision reviewed by application under Part 5—states:

that the decision can be reviewed; and

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

who can apply for the review; and

where the application for review can be made.

The notice under subsection (3) must be given in the prescribed way.

Failure to give notice of a decision does not affect the validity of the decision.

Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under subsection (3) of this section.

Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to decisions to cancel a visa under this section.