# Decision about revocation of emergency cancellation

> act-s134C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.
