Powers of mandatory visa cancellation, without notice, have been
introduced by the government for persons serving full time imprisonment and who have a
substantial criminal record:
- This mandatory cancellation is not reviewable by the Administrative Appeals Tribunal (AAT), but can be revoked by the Minister for Immigration personally or the Minister's delegate
- The decision not to revoke the cancellation by the Minister's delegate is reviewable by the AAT
- Where cancellation is revoked by the delegate of the Minister or the AAT, the Minister personally can set aside the revocation and cancel the visa on character or national interest grounds
- There are also new personal powers for the Minister to cancel visas under section 106 & section 116 of the Migration Act 1958 ('the Act') and this decision is not reviewable by the AAT
- A decision to cancel a visa under the new section 133A and section 133C of the Act are not reviewable by the Migration Review Tribunal (MRT)
- A decision made personally by the Minister to cancel a protection visa is not reviewable by the RRT
- A decision made by a delegate of the Minster to cancel bridging visa for a person who is in detention because of that cancellation, is reviewable by the MRT
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