Section 501B — Refusal or cancellation of visa—setting aside and substitution of adverse decision under subsection 501(1) or (2)

501B Refusal or cancellation of visa—setting aside and substitution of adverse decision under subsection 501(1) or (2)

(1) This section applies if a delegate of the Minister makes a decision (the original decision) under subsection 501(1) or (2) to refuse to grant a visa to a person or to cancel a visa that has been granted to a person.

(2) The Minister may set aside the original decision and:

(a) refuse to grant a visa to the person; or

(b) cancel a visa that has been granted to the person;

if:

(c) the Minister reasonably suspects that the person does not pass the character test (as defined by section 501); and

(d) the person does not satisfy the Minister that the person passes the character test; and

(e) the Minister is satisfied that the refusal or cancellation is in the national interest.

(3) The power under subsection (2) may only be exercised by the Minister personally.

(4) A decision under subsection (2) is not reviewable by application under Part 5.

(5) To avoid doubt, the Minister may set aside the original decision in accordance with subsection (2) even if the original decision is the subject of an application for review by the ART. Note: For notification of decisions under this section, see section 501G.