No individual returned to New Zealand is denied the right to continue appeals processing already underway in relation to the cancellation of their visa.
Cases have already occurred where New Zealand citizens have returned to Australia after receiving an appeal decision in their favour while they were back in New Zealand.
Under Section 501CA(4) of the Migration Act the Minister may revoke the original cancellation decision if:
- The person makes representations in accordance with the invitation; and
- the Minister is satisfied:
- that the person passes the character test; or
- that there is another reason why the original decision should be revoked.
Applications to revoke a visa cancellation will continue to be processed after an individual has departed Australia.
Signing a form to support voluntary removal will have no impact on this obligation, and individuals who have done so should have no concerns.
Processing a revocation application would only cease, if an individual chooses to withdraw their application.
To remove any doubt, I have instructed the Department of Immigration and Border Protection to clarify the wording in all material provided to individuals seeking voluntary removal.
I have made a commitment that New Zealanders who are successful in their revocation application will not be liable for the costs of their voluntary removal and this commitment stands.