Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p23
Version: federal_register_of_legislation:C2004A04736
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Character Range: 58003–60897

the definition of "Part 3 reviewable decision";

    (h) by omitting sub-subparagraph (c)(iii)(E) of the definition of "Part 3 reviewable decision";

    (i) by adding at the end of the definition of "Part 3 reviewable decision" the following word and paragraphs:

   "or (d) a decision to refuse to grant a non-citizen a visa where:

           (i) the visa is a visa that could not be granted while the non-citizen is in the migration zone; and

           (ii) a criterion for the grant of the visa is that the non-citizen has been an Australian permanent resident; and

           (iii) a parent, spouse, child, brother or sister of the non-citizen is an Australian citizen or an Australian permanent resident; or

     (e) a decision to refuse to grant a non-citizen a visa where:

           (i) the visa is a visa that could not be granted while the non-citizen is in the migration zone; and

           (ii) a criterion for the grant of the visa is that the non-citizen intends to visit an Australian citizen, or an Australian permanent resident, who is a parent, spouse, child, brother or sister of the non-citizen; and

            (iii) particulars of the relative concerned are included in the application; or

        (f) a decision, under section 30, as to the assessed score of an applicant for a visa where:

            (i) the visa is a visa that could not be granted while the applicant is in the migration zone; and

            (ii) the non-citizen, as required by a criterion for the visa, was sponsored or nominated by:

               (A) an Australian citizen; or

               (B) the holder of a permanent visa; or

                  (C) a citizen of New Zealand who holds a special category visa; and

          (iii) the Minister has not refused to grant the visa;";

    (j) by inserting the following definition:

     " 'Australian permanent resident' means an Australian permanent resident within the meaning of the regulations;".

Internally-reviewable decisions

67. Section 115A of the Principal Act is amended by inserting after paragraph (2)(b) the following paragraph:

      "(ba) a decision covered by paragraph (ba) or (bb) of the definition of Part 3 reviewable decision;".

Application for internal review

  68. Section 115B of the Principal Act is amended:

  (a) by inserting in subparagraph (1)(b)(ii) ", (d), (e) or (f)" after "(c)";

  (b) by inserting in paragraph (2)(b) "or (f)" after "(c)";

    (c) by adding at the end of subsection (2) the following word and paragraph:

          "; or (c) if the decision is covered by paragraph (d) or (e) of that definition—the relative referred to in the paragraph concerned.".

Insertion of new section

69. After section 115D of the Principal Act the following section is inserted:

Code of procedure applies to review officer

"115DA. Subdivision AB of Division 2 of Part 2 applies in relation