Section 137K — Applying for revocation of cancellation

137K Applying for revocation of cancellation

(1) A non-citizen whose visa has been cancelled under section 137J may apply in writing to the Minister for revocation of the cancellation.

(2) A non-citizen who is in the migration zone cannot apply for revocation at a time when, because of section 82, the visa would no longer have been in effect anyway had the visa not been cancelled under section 137J.

(3) In addition to the restriction in subsection (2), a non-citizen who is in the migration zone and who has been detained under section 189 cannot apply for revocation later than:

(a) 2 working days after the day on which section 194 was complied with in relation to his or her detention; or

(b) if he or she informs an officer in writing within those 2 days of his or her intention to so apply—within the next 5 working days after those 2 working days.

(4) A non-citizen who is outside the migration zone cannot apply for revocation later than 28 days after the day of the cancellation.

(5) In any case, a non-citizen cannot apply for revocation if he or she has previously made such an application in respect of the same cancellation.