# Cancellation of visa—revocation of decision under subsection 501(3A) (person serving sentence of imprisonment)

> act-s501CA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

501CA Cancellation of visa—revocation of decision under
        subsection 501(3A) (person serving sentence of
        imprisonment)
          (1) This section applies if the Minister makes a decision (the original
              decision) under subsection 501(3A) (person serving sentence of
              imprisonment) to 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) 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) The notice under subsection (3) 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 Minister is satisfied:









                        (i) that the person passes the character test (as defined by
                            section 501); or
                       (ii) that there is another reason why the original decision
                            should be revoked.
          (5) If the Minister revokes the original decision, the original decision
              is taken not to have been made.
          (6) 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.
          (7) A decision not to exercise the power conferred by subsection (4) is
              not reviewable by application under Part 5.
               Note:      For notification of decisions under subsection (4) to not revoke, see
                          section 501G.