Document ID: chunk:federal_register_of_legislation:C2024C00800:section:338:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 338 (pt 2/3)
Character Range: 1070028–1072677

cancellation of a non‑citizen's visa is a reviewable migration decision if the non‑citizen was in the migration zone when the decision was made.
 (4) The following decisions are reviewable migration decisions:
 (a) a decision to refuse to grant a bridging visa to a non‑citizen who is in immigration detention because of that refusal;
 (b) a decision of a delegate of the Minister to cancel a bridging visa held by a non‑citizen who is in immigration detention because of that cancellation;
 (c) a decision to not grant a non‑citizen a Subclass 070 (Bridging (Removal Pending)) visa under a provision of the regulations prescribed for the purposes of subsection 76E(4) that is not subject to any one or more of the conditions prescribed for the purposes of paragraph 76E(1)(a).
 (5) A decision to refuse to grant a non‑citizen a visa is a reviewable migration decision if:
 (a) the visa is a visa that could not be granted while the non‑citizen is in the migration zone; and
 (b) the non‑citizen, as required by a criterion for the grant of the visa, was sponsored or nominated by:
 (i) an Australian citizen; or
 (ii) a company that operates in the migration zone; or
 (iii) a partnership that operates in the migration zone; or
 (iv) the holder of a permanent visa; or
 (v) a New Zealand citizen who holds a special category visa.
 (6) A decision to refuse to grant a non‑citizen a visa is a reviewable migration decision if:
 (a) the visa is a visa that could not be granted while the non‑citizen is in the migration zone; and
 (b) a criterion for the grant of the visa is that the non‑citizen has been an Australian permanent resident; and
 (c) a parent, spouse, de facto partner, child, brother or sister of the non‑citizen is an Australian citizen or an Australian permanent resident.
Note: Section 5G may be relevant for determining family relationships for the purposes of this subsection.
 (7) A decision to refuse to grant a non‑citizen a visa is a reviewable migration decision if:
 (a) the visa is a visa that could not be granted while the non‑citizen is in the migration zone; and
 (b) 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, de facto partner, child, brother or sister of the non‑citizen; and
 (c) particulars of the relative concerned are included in the application.
Note: Section 5G may be relevant for determining family relationships for the purposes of this subsection.
 (7A) A decision to refuse to grant a non‑citizen a permanent visa is a reviewable migration decision if:
 (a) the non‑citizen made the