Section 501G — Migration Act 1958 (Cth)

(1) If a decision is made under subsection 501(1) or (2) or 501A(2) or section 501B, 501BA, 501CA or 501F to:

(a) refuse to grant a visa to a person; or

(b) cancel a visa that has been granted to a person; or

(ba) not revoke a decision to cancel a visa that has been granted to a person;

the Minister must give the person a written notice that:

(c) sets out the decision; and

(d) specifies the provision under which the decision was made and sets out the effect of that provision; and

(e) sets out the reasons (other than non‑disclosable information) for the decision; and

(f) if the decision was made by a delegate of the Minister under subsection 501(1) or (2), or section 501CA and the person has a right to have the decision reviewed by the ART:

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

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

(iii) states who can apply to have the decision reviewed; and

(iv) states where the application for review can be made; and

(v) in a case where the decision relates to a person in the migration zone—sets out the effect of subsections 500(6A) to (6L) (inclusive); and

(vi) sets out such additional information (if any) as is prescribed.

(2) If the decision referred to in subsection (1):

(a) was made by a delegate of the Minister under subsection 501(1) or (2), or section 501CA; and

(b) is reviewable by the ART; and

(c) relates to a person in the migration zone;

the notice under subsection (1) that relates to the decision must be accompanied by 2 copies of every document, or part of a document, that:

(d) is in the delegate’s possession or under the delegate’s control; and

(e) was relevant to the making of the decision; and

(f) does not contain non‑disclosable information.

(3) A notice under subsection (1) must be given in the prescribed way.

(4) A failure to comply with this section in relation to a decision does not affect the validity of the decision.

(5) 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 subsection (1) of this section.

Related sections

• s 501D — Refusal or cancellation of visa—method of satisfying Minister that person passes the character test
• s 501E — Refusal or cancellation of visa—prohibition on applying for other visas
• s 501F — Refusal or cancellation of visa—refusal of other visa applications and cancellation of other visas
• s 501H — Refusal or cancellation of visa—miscellaneous provisions
• s 501HA — Application of sections 501 to 501H to transitional (permanent) visas and transitional (temporary) visas
• s 501J — Refusal or cancellation of protection visa—Minister may substitute more favourable decision

Research how courts apply s 501G

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