Section 137M — Migration Act 1958 (Cth)

(1) When the Minister decides whether to revoke a cancellation under section 137L, he or she must give the non‑citizen written notice of the decision.

(2) Notice of a decision not to revoke a cancellation must:

(a) specify the grounds for the decision; and

(b) state:

(i) that if the non‑citizen was in the migration zone when the decision was made, the decision is reviewable by the ART; and

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

(iii) who may apply for the review; and

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

(3) Failure to notify of a decision whether to revoke a cancellation 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 notices 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 a decision to not to revoke a cancellation under section 137L.

Related sections

• s 137J — Non‑complying students may have their visas automatically cancelled
• s 137K — Applying for revocation of cancellation
• s 137L — Dealing with the application
• s 137N — Minister may revoke cancellation on his or her own initiative
• s 137P — Effect of revocation
• s 137Q — Cancellation of regional sponsored employment visas

Research how courts apply s 137M

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