Migration Act 1958

This section applies if the Minister makes a decision (the original decision) under subsection 501(3) or 501A(3) to:

refuse to grant a visa to a person; or

cancel a visa that has been granted to a person.

For the purposes of this section, relevant information is information (other than non‑disclosable information) that the Minister considers:

would be the reason, or a part of the reason, for making the original decision; and

is specifically about the person or another person and is not just about a class of persons of which the person or other person is a member.

As soon as practicable after making the original decision, the Minister must:

give the person:

a written notice that sets out the original decision; and

particulars of the relevant information; and

except in a case where the person is not entitled to make representations about revocation of the original decision (see subsection (10))—invite the person to make representations to the Minister, within the period and in the manner ascertained in accordance with the regulations, about revocation of the original decision.

If the notice under subsection (3) relates to an original decision to cancel a visa, the notice must be given in the prescribed way.

The Minister may revoke the original decision if:

the person makes representations in accordance with the invitation; and

the person satisfies the Minister that the person passes the character test (as defined by section 501).

The power under subsection (4) may only be exercised by the Minister personally.

If the Minister revokes the original decision, the original decision is taken not to have been made. This subsection has effect subject to subsection (7).

Any detention of the person that occurred during any part of the period:

beginning when the original decision was made; and

ending at the time of the revocation of the original decision;

If the Minister makes a decision (the subsequent decision) to revoke, or not to revoke, the original decision, the Minister must cause notice of the making of the subsequent decision to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the subsequent decision was made.

If the person does not make representations in accordance with the invitation, the Minister must cause notice of that fact to be laid before each House of the Parliament within 15 sitting days of that House after the last day on which the representations could have been made.

The regulations may provide that, for the purposes of this section:

a person; or

a person included in a specified class of persons;

A decision not to exercise the power conferred by subsection (4) is not reviewable by application under Part 5.