D8.30 Appeals against revocation

Immigration Act 1987 ss21, 22

1. Any person who has been served with a notice of revocation of their residence permit or returning resident's visa may appeal to the Deportation Review Tribunal and/or to the High Court against the revocation.
2. In the case of the revocation of a returning resident's visa, if the Minister of Immigration:
   1. has revoked the visa holder's residence permit within the previous 21 days; or
   2. revokes the visa holder's residence permit within 21 days after the revocation of the returning resident's visa;

   no appeal in relation to the returning resident's visa can be made under section 21 or 22 of the Immigration Act 1987.

D8.30.1 Appeal to the High Court

1. Any person whose residence permit or returning resident's visa is revoked by the Minister of Immigration may appeal to the High Court (subject to D8.30(b)), however they may not lodge an appeal in a case where:
   1. their residence permit or returning resident's visa has been revoked on the ground that it was procured by fraud, false or misleading representation or by concealing relevant information; and
   2. the Minister has revoked their permit in reliance on their conviction of an offence against section 142(a), (c), or (d) of the Immigration Act 1987 or a crime against section III of the Crimes Act 1961.
2. An appeal to the Administrative Division of the High Court against the revocation of a residence permit or a returning resident's visa on the grounds that the Minister's decision is erroneous must be lodged within 21 days after the notice of revocation has been served.

D8.30.5 Appeal to the Deportation Review Tribunal

1. Any person whose residence permit is revoked, may appeal (subject to D8.30(b)), on humanitarian grounds, to the Deportation Review Tribunal to have the revocation quashed.
2. An appeal to the Deportation Review Tribunal against the revocation of a residence permit must be lodged within 21 days after the notice of revocation has been served.

Effective 01/10/1999