High Court Addresses Scope Of Visa Cancellation Power Under Section 501(2)

The High Court unanimously holds that the cancellation power may not be re-exercised if the AAT sets aside a cancellation decision on the same underlying facts that triggered an initial cancellation; however the power may be used if there are new criminal convictions or other circumstances which cause a visa holder to fail the character test

Exactly how extensive are the Minister’s powers to cancel visas under the authority of section 501(2) of the Migration Act?

Specifically, if a delegate of the Minister makes a decision to cancel a visa under section 501(2), but that decision is then set aside following merits review by the AAT, and the visa holder is then convicted of some further criminal offences that fall short of causing the visa holder to fail the character test, can the Minister or a delegate nonetheless rely on the original offences as a basis for “re-canceling” the visa?

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