Part 3Visas
Classes of visa: Residence class visas
75ACancellation of residence class visa of person threatening security
The Minister may cancel a person’s residence class visa if—
- the Minister has certified under section 163(1) that the person constitutes a threat or risk to security; but
- a refugee and protection officer has determined under section 164(5) that section 164(3) or (4) does not allow the person to be deported.
If the Minister cancels a visa under subsection (1), the Minister must grant the person a temporary entry class visa of a type that the Minister thinks fit.
The expiry date of a temporary entry class visa granted under subsection (2) is a matter for the discretion of the Minister.
A person granted a temporary entry class visa under subsection (2) may apply to the Minister for a further temporary entry class visa if the criteria for cancellation set out in subsection (1) still apply to that person.
On receipt of an application under subsection (4), the Minister, if satisfied that the criteria for cancellation set out in subsection (1) still apply to that person,—
- must grant a further temporary entry class visa of a type that the Minister thinks fit; and
- may—
- impose on the visa granted any conditions that the Minister thinks fit; or
- vary or waive conditions that would otherwise apply to it.
- impose on the visa granted any conditions that the Minister thinks fit; or
Notes
- Section 75A: inserted, on , by section 13 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).


