Section 137P - Migration Act 1958 - Effect of revocation

137PEffect of revocation

Plain English

What this means

If a visa cancellation is undone (revoked) under the law, the visa is treated as if it was never cancelled in the first place under that cancellation power.
If the revocation was partly because an alleged breach fell into certain categories (the ones named in the law), that particular alleged breach cannot later be used as a reason to cancel the visa under the general cancellation power.
Undoing the earlier cancellation does not stop other legal powers from being used to cancel the visa for different reasons.
A later or different breach of the visa conditions can still be relied on to cancel the visa.
Even though the cancellation is treated as never having happened, any time the person was detained while the visa was in fact cancelled is still lawful, and the person cannot make a legal claim against the Commonwealth or officers for that detention.

Practical implications

If your visa cancellation is revoked, your visa is effectively restored as though it was never cancelled.
If the revocation turned on certain findings about the alleged breach, immigration authorities cannot reuse that same alleged breach later to cancel your visa under the general cancellation rules.
Authorities can, however, rely on other grounds or on any new breaches to cancel your visa later.
If you were detained while

137P Effect of revocation (1) If the cancellation of a visa is revoked under section 137L or 137N, the visa is taken never to have been cancelled under section 137J. (2) If the revocation is under section 137L and the decision is made wholly or partly on the ground that paragraph 137L(1)(a) or (b) applies to the breach that was alleged in the notice mentioned in section 137J, then that breach cannot be a ground for cancelling the visa under section 116. (3) However, a revocation under section 137L or 137N does not otherwise limit or affect any other power to cancel the visa under this Act. (4) In particular, a different or later breach of a condition of the visa can be a ground for cancelling the visa under section 116. (5) Despite subsection (1), any detention of the non‑citizen that occurred during any part of the period: (a) beginning when the visa was cancelled under section 137J; and (b) ending at the time of the revocation of the cancellation; is lawful and the non‑citizen is not entitled to make any claim against the Commonwealth, an officer or any other person because of the detention. Subdivision GC—Cancellation of regional sponsored employment visas