How Does the Department of Immigration Choose Which Cancellation Powers To Use?
Under Departmental policy, where a visa may be cancelled under more than one cancellation power, the Department will consider whether the evidence in relation to one visa cancellation power is stronger than that in relation to another power and choose the cancellation power that is best supported by the evidence.
They will also consider the effects on the visa holder, for example, their rights to review, mandatory cancellation provisions and applicability of exclusion periods. As there are concerns for the safety of the Australian community, they will consider the power which allows them to respond with the greatest agility.