Section 134C — Decision about revocation of emergency cancellation

134C Decision about revocation of emergency cancellation

Application of section

(1) This section applies to a visa that is cancelled under section 134B.

First ground to revoke cancellation

(2) The Minister must revoke the cancellation of the visa as soon as reasonably practicable after the end of the period referred to in subsection (5).

(3) However, the Minister must not revoke the cancellation under subsection (2) if:

(a) there is an assessment made by ASIO for the purposes of this section before the end of the period referred to in subsection (5); and

(b) the assessment contains advice that the former holder of the visa is, directly or indirectly, a risk to security (within the meaning of section 4 of the ASIO Act); and

(c) the assessment contains a recommendation that the cancellation not be revoked under subsection (2).

Second ground to revoke cancellation

(4) If:

(a) there is an assessment made by ASIO for the purposes of this section before the end of the period referred to in subsection (5); and

(b) the assessment contains a recommendation that the cancellation of the visa be revoked under this subsection;

then the Minister must revoke the cancellation as soon as reasonably practicable after the assessment is made.

Period

(5) For the purposes of subsections (2), (3) and (4), the period is the period that:

(a) starts at the beginning of the day (the cancellation day) the visa is cancelled; and

(b) ends at the end of the 28th day after the cancellation day.