Document ID: chunk:federal_register_of_legislation:C2004A01207:clause:3_1061zzgd
Version: federal_register_of_legislation:C2004A01207
Segment Type: clause
Provision Reference: sch 3 cl 1061ZZGD
Character Range: 23234–25583

1061ZZGD  Accepting or rejecting an assurance of support

 (1) If an assurance of support is given under this Chapter, the Secretary must accept or reject the assurance.

Accepting the assurance

 (2) The Secretary may accept the assurance, but only if:
 (a) he or she is satisfied that the requirements that are specified for the purposes of this paragraph in a determination under section 1061ZZGH and relate to the person who gave the assurance are met; and
 (b) the requirements in subsection (3) are met, if the assurance is in respect of:
 (i) a visa of a kind that can be granted under the Migration Act 1958 only if an assurance of support is accepted; and
 (ii) another person who was at least 18 at the time of the application for the visa;
  (whether or not the assurance is also in respect of someone else who was under 18 at the time of the application for the visa).

Note 1: The Secretary may accept an assurance given by 2 or more persons only if satisfied that the requirements specified in a determination under item 3 of the table in subsection 1061ZZGH(1) and relating to all of them are met. See paragraph 23(b) of the Acts Interpretation Act 1901.

Note 2: Subparagraph (2)(b)(i) does not apply to a visa of a kind in relation to which there is a discretion to request an assurance of support, because a visa of that kind can be granted without accepting an assurance if one is not requested (even if, in a case in which an assurance is requested, acceptance of the assurance is a condition for the grant of the visa).

 (3) At least one person who gave the assurance must have given the Secretary a single security for the liability that may be incurred, under section 1061ZZGG in connection with the assurance and a social security payment received by anyone identified in the assurance, by everyone who gave the assurance. The security must:
 (a) be in a form approved by the Secretary; and
 (b) be of a value specified for the purposes of this paragraph in a determination under section 1061ZZGH.

Rejecting the assurance

 (4) The Secretary may reject the assurance.

 (5) The circumstances in which the Secretary may reject the assurance include failure of the person giving the assurance to attend an interview relating to the assurance as requested by the Secretary. This subsection does not limit subsection (4).