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

> act-s501B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.