160Deportation liability of residence class visa holder if new information as to character becomes available

1. A residence class visa holder is liable for deportation if, not later than 5 years after the date the person first held a residence class visa,—

2. new information becomes available that—
   1. relates to the character of the person; and
   2. was relevant at the time the visa was granted; and
3. the Minister determines that the person would not have been eligible for the grant of the visa under this Act or immigration instructions if that information had been available at the time the visa was granted.

4. For the purposes of subsection (1), the new information may relate to whether the person was, or should have been, an excluded person, or to rules and criteria relating to character contained within immigration instructions.

5. A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal both on the facts and on humanitarian grounds against his or her liability for deportation.

6. For the purposes of subsection (1), the date that a person first held a residence class visa must be calculated in accordance with section 161(5).