Invitation to comment—response
2.44 Invitation to comment—response
For the purposes of subsection 121(2) of the Act (which deals with the time in which a holder must give comments, other than at interview), the periods set out in subregulation (2) are prescribed.
The periods referred to in subregulation (1) begin when the visa holder is notified under subsection 119(2), or receives an invitation under subsection 120(2), as the case requires, and are:
if the visa holder is in Australia—5 working days; or
if the visa holder is outside Australia:
where the cancellation of his or her visa is being considered in Australia—28 days; or
where the cancellation of his or her visa is being considered at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in the country in which the visa holder is present—5 working days; or
where the cancellation of his or her visa is being considered at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth in another country than the country in which the visa holder is present—28 days.
For the purposes of subsection 121(4) of the Act (which deals with extension of time to give comments), 5 working days is prescribed.
Regulation 2.55 applies to the giving of a document relating to:
• the proposed cancellation of a visa under the Act; or
• the cancellation of a visa under the Act; or
• a decision to revoke or not to revoke the cancellation of a visa under the Act.
A document given to a person in immigration detention is given in the manner specified in regulation 5.02.
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