Section 501BA — Migration Act 1958 (Cth)

(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.

Related sections

• s 501 — Refusal or cancellation of visa on character grounds
• s 501A — Refusal or cancellation of visa—setting aside and substitution of non‑adverse decision under subsection 501(1) or (2)
• s 501B — Refusal or cancellation of visa—setting aside and substitution of adverse decision under subsection 501(1) or (2)
• s 501C — Refusal or cancellation of visa—revocation of decision under subsection 501(3) or 501A(3)
• s 501CA — Cancellation of visa—revocation of decision under subsection 501(3A) (person serving sentence of imprisonment)
• s 501D — Refusal or cancellation of visa—method of satisfying Minister that person passes the character test

Research how courts apply s 501BA

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