Refusal or cancellation of visa—notification of decision
501G Refusal or cancellation of visa—notification of decision
If a decision is made under subsection 501(1) or (2) or 501A(2) or section 501B, 501BA, 501CA or 501F to:
refuse to grant a visa to a person; or
cancel a visa that has been granted to a person; or
not revoke a decision to cancel a visa that has been granted to a person;
the Minister must give the person a written notice that:
sets out the decision; and
specifies the provision under which the decision was made and sets out the effect of that provision; and
sets out the reasons (other than non‑disclosable information) for the decision; and
if the decision was made by a delegate of the Minister under subsection 501(1) or (2), or section 501CA and the person has a right to have the decision reviewed by the ART:
states that the decision can be reviewed by the ART; and
states the time in which the application for review may be made; and
states who can apply to have the decision reviewed; and
states where the application for review can be made; and
in a case where the decision relates to a person in the migration zone—sets out the effect of subsections 500(6A) to (6L) (inclusive); and
sets out such additional information (if any) as is prescribed.
If the decision referred to in subsection (1):
was made by a delegate of the Minister under subsection 501(1) or (2), or section 501CA; and
is reviewable by the ART; and
relates to a person in the migration zone;
the notice under subsection (1) that relates to the decision must be accompanied by 2 copies of every document, or part of a document, that:
is in the delegate’s possession or under the delegate’s control; and
was relevant to the making of the decision; and
does not contain non‑disclosable information.
A notice under subsection (1) must be given in the prescribed way.
A failure to comply with this section in relation to 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 notices given under subsection (1) of this section.
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