Section 127 — Migration Act 1958 (Cth)

(1) When the Minister decides to cancel a visa, he or she is to notify the visa holder of the decision in writing.

(2) Notification of a decision to cancel a visa must:

(a) specify the ground for the cancellation; and

(c) if the former visa holder has a right to have the decision reviewed by application under Part 5—state:

(i) that the decision can be reviewed by the ART; and

(ii) the time in which the application for review may be made; and

(iii) who can apply for the review; and

(iv) where the application for review can be made.

(2A) The notification under subsection (1) must be given in the prescribed way.

(3) Failure to give notification of a decision does not affect the validity of the decision.

(4) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under this section.

(5) Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to decisions to cancel a visa.

Related sections

• s 124 — When decision about visa cancellation may be made
• s 125 — Application of Subdivision to non‑citizen in immigration clearance
• s 126 — Application of Subdivision to non‑citizen in questioning detention
• s 127A — Exhaustive statement of natural justice hearing rule
• s 128 — Cancellation of visas of people outside Australia
• s 129 — Notice of cancellation

Research how courts apply s 127

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