133CMinister’s personal powers to cancel visas on section 116 grounds

133C  Minister’s personal powers to cancel visas on section 116 grounds

Action by Minister—natural justice applies

 (1) If a notification was given under section 119 to the holder of a visa in relation to a ground for cancelling the visa under section 116, and the ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal or a delegate of the Minister:

 (a) decided that the ground did not exist; or

 (b) decided not to exercise the power in section 116 to cancel the visa (despite the existence of the ground);

the Minister may set aside that decision and cancel the visa if:

 (c) the Minister considers that the ground exists; and

 (d) the visa holder does not satisfy the Minister that the ground does not exist; and

 (e) the Minister is satisfied that it would be in the public interest to cancel the visa.

Note: The Minister’s power to cancel a visa under this subsection is subject to section 117 (see subsection (9) of this section).

 (2) The procedures set out in Subdivisions E and F do not apply to a decision under subsection (1).

Action by Minister—natural justice does not apply

 (3) The Minister may cancel a visa held by a person if:

 (a) the Minister is satisfied that a ground for cancelling the visa under section 116 exists; and

 (b) the Minister is satisfied that it would be in the public interest to cancel the visa.

Note: The Minister’s power to cancel a visa under this subsection is subject to section 117 (see subsection (9) of this section).

 (4) The rules of natural justice, and the procedures set out in Subdivisions E and F, do not apply to a decision under subsection (3).

 (5) The Minister may cancel a visa under subsection (3) whether or not:

 (a) the visa holder was given a notification under section 119 in relation to the ground for cancelling the visa; or

 (b) the visa holder responded to any such notification; or

 (c) the ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal or a delegate of the Minister:

 (i) decided that the ground did not exist; or

 (ii) decided not to exercise the power in section 116 to cancel the visa (despite the existence of the ground); or

 (d) a delegate of the Minister decided to revoke, under subsection 131(1), a cancellation of the visa in accordance with section 128 in relation to the ground.

 (6) If a decision was made as mentioned in paragraph (5)(c), the power under subsection (3) to cancel a visa is a power to set aside that decision and cancel the visa.