Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p10
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 23822–26598

under subsection (4), in relation to an applicant at any particular time.";

    (c) by omitting from subsection (5) "may give, but is not required to give," and substituting "must give";

  (d) by inserting after subsection (5) the following subsection:

    "(5A) Subsection (5) does not prevent the Minister from communicating with the applicant, provided that the person specified under subsection (4) is notified of that communication.".

Repeal of section and substitution of new section

22. Section 26V of the Principal Act is repealed and the following section is substituted:

Minister must have regard to all information in application

"26V.(1) The Minister must, in deciding whether to grant or refuse to grant a visa, have regard to all of the information in the application.

"(2) For the purposes of subsection (1), information is in an application if the information is:

  (a) set out in the application; or

  (b) in a document attached to the application when it is made; or

  (c) given under section 26W.

"(3) Without limiting subsection (1), a decision to grant or refuse to grant a visa may be made without giving the applicant an opportunity to make oral or written submissions.".

Repeal of section and substitution of new section

23. Section 26Y of the Principal Act is repealed and the following section is substituted:

Certain information must be given to applicant

"26Y.(1) In this section, 'relevant information' means information (other than non-disclosable information) that the Minister considers:

     (a) would be the reason, or a part of the reason, for refusing to grant a visa; and

     (b) is specifically about the applicant or another person and is not just about a class of persons of which the applicant or other person is a member; and

  (c) was not given by the applicant for the purpose of the application.

  "(2) Subject to subsection (3), the Minister must:

     (a) give particulars of the relevant information to the applicant in the way that the Minister considers appropriate in the circumstances; and

     (b) ensure, as far as is reasonably practicable, that the applicant understands why it is relevant to consideration of the application; and

  (c) invite the applicant to comment on it.

"(3) This section does not apply in relation to an application for a visa unless:

  (a) the visa can be granted when the applicant is in the migration zone; and

     (b) this Act provides, under Part 3 or 4A, for an application for review of a decision to refuse to grant the visa.".

Invitation to give further information or comments

24. Section 26Z of the Principal Act is amended by omitting from subsection (1) "an applicant for a visa" and substituting "a person".

When decision about visa may be made

  25.