# Refusal or cancellation of visa—revocation of decision under subsection 501(3) or 501A(3)

> act-s501C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

501C Refusal or cancellation of visa—revocation of decision under
         subsection 501(3) or 501A(3)
          (1) This section applies if the Minister makes a decision (the original
              decision) under subsection 501(3) or 501A(3) to:
               (a) refuse to grant a visa to a person; or
               (b) cancel a visa that has been granted to a person.
          (2) For the purposes of this section, relevant information is
              information (other than non-disclosable information) that the
              Minister considers:
                (a) would be the reason, or a part of the reason, for making the
                    original decision; and
                (b) is specifically about the person or another person and is not
                    just about a class of persons of which the person or other
                    person is a member.
          (3) As soon as practicable after making the original decision, the
              Minister must:
               (a) give the person:
                     (i) a written notice that sets out the original decision; and
                    (ii) particulars of the relevant information; and
               (b) except in a case where the person is not entitled to make
                   representations about revocation of the original decision (see
                   subsection (10))—invite the person to make representations
                   to the Minister, within the period and in the manner
                   ascertained in accordance with the regulations, about
                   revocation of the original decision.
        (3A) If the notice under subsection (3) relates to an original decision to
             cancel a visa, the notice must be given in the prescribed way.









          (4) The Minister may revoke the original decision if:
               (a) the person makes representations in accordance with the
                   invitation; and
               (b) the person satisfies the Minister that the person passes the
                   character test (as defined by section 501).
          (5) The power under subsection (4) may only be exercised by the
              Minister personally.
          (6) If the Minister revokes the original decision, the original decision
              is taken not to have been made. This subsection has effect subject
              to subsection (7).
          (7) Any detention of the person that occurred during any part of the
              period:
                (a) beginning when the original decision was made; and
                (b) ending at the time of the revocation of the original decision;
              is lawful and the person is not entitled to make any claim against
              the Commonwealth, an officer or any other person because of the
              detention.
          (8) If the Minister makes a decision (the subsequent decision) to
              revoke, or not to revoke, the original decision, the Minister must
              cause notice of the making of the subsequent decision to be laid
              before each House of the Parliament within 15 sitting days of that
              House after the day on which the subsequent decision was made.
          (9) If the person does not make representations in accordance with the
              invitation, the Minister must cause notice of that fact to be laid
              before each House of the Parliament within 15 sitting days of that
              House after the last day on which the representations could have
              been made.
         (10) The regulations may provide that, for the purposes of this section:
                (a) a person; or
                (b) a person included in a specified class of persons;
              is not entitled to make representations about revocation of an
              original decision unless the person is a detainee.









         (11) A decision not to exercise the power conferred by subsection (4) is
              not reviewable by application under Part 5.