Section 501BA — Migration Act 1958: 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 ART; 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 by application under Part 5 (5) A decision under subsection (2) is not reviewable by application under Part 5. Note: For notification of decisions under subsection (2), see section 501G.