Section 114 — Migration Act 1958 (Cth)

(1) If the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or the ART sets aside a decision under section 109 to cancel a person’s visa, the visa is taken never to have been cancelled.

(2) In spite of subsection (1), any detention of the non‑citizen between the purported cancellation of the visa and the decision to set aside the decision to cancel is lawful and the non‑citizen is not entitled to make any claim against the Commonwealth or an officer because of the detention.

Related sections

• s 111 — Cancellation provisions apply whether or not non‑compliance deliberate
• s 112 — Action because of one non‑compliance does not prevent action because of other non‑compliance
• s 113 — No cancellation if full disclosure
• s 115 — Application of Subdivision
• s 116 — Power to cancel
• s 117 — When visa may be cancelled

Research how courts apply s 114

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.