# Effect of setting aside decision to cancel visa

> act-s114 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.