Section 114 — Effect of setting aside decision to cancel visa

114 Effect of setting aside decision to cancel visa

(1) If the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or the ART sets aside a decision under section 109 to cancel a person’s visa, the visa is taken never to have been cancelled.

(2) In spite of subsection (1), any detention of the non-citizen between the purported cancellation of the visa and the decision to set aside the decision to cancel is lawful and the non-citizen is not entitled to make any claim against the Commonwealth or an officer because of the detention.