# Cancellation of visa—setting aside and substitution of non-adverse decision under section 501CA

> act-s501BA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

501BA Cancellation of visa—setting aside and substitution of
        non-adverse decision under section 501CA
          (1) This section applies if:
                (a) a delegate of the Minister; or
                (b) the ART;
              makes a decision under section 501CA (the original decision) to
              revoke a decision under subsection 501(3A) to cancel a visa that
              has been granted to a person.

               Action by Minister—natural justice does not apply
          (2) The Minister may set aside the original decision and cancel a visa
              that has been granted to the person if:
                (a) the Minister is satisfied that the person does not pass the
                    character test because of the operation of:
                      (i) paragraph 501(6)(a), on the basis of
                          paragraph 501(7)(a), (b) or (c); or
                     (ii) paragraph 501(6)(e); and
                (b) the Minister is satisfied that the cancellation is in the national
                    interest.
          (3) The rules of natural justice do not apply to a decision under
              subsection (2).

               Minister’s exercise of power
          (4) The power under subsection (2) may only be exercised by the
              Minister personally.










               Decision not reviewable by application under Part 5
          (5) A decision under subsection (2) is not reviewable by application
              under Part 5.
               Note:      For notification of decisions under subsection (2), see section 501G.