When is the deadline for representations to the minister seeking revocation of a mandatory visa cancellation?
The catalogue records a 28 days period from The day the person is given the notice and the particulars of relevant information under s 501CA(3)(a). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day the person is given the notice and the particulars of relevant information under s 501CA(3)(a)
- Counting
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- None. There is no extension power in s 501CA or reg 2.52.
- Confirmed on verification against Migration Regulations 1994 (Cth) reg 2.52, headed 'Refusal or cancellation of visa - representations in respect of revocation of decision by Minister (Act, s 501C and 501CA)'. Jurisdictional in effect: the Minister may only revoke the original decision if the person makes representations in accordance with the invitation, which incorporates the reg 2.52 period and form requirements. The trigger requires BOTH the notice and the particulars of relevant information to have been given; if they are given on different days the later day governs. Representations are 'made' when dispatched by the applicant, not when received by the Department, so this is a dispatch deadline. Notice must be given in the prescribed way. Representations must be in writing and in English or accompanied by an accurate English translation.