Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p9
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safety of a person or a prescribed reason, make it necessary to enter in another way, that way; or

   (d)     in a way authorised in writing by an authorised officer.

"Subdivision AA—Applications for visas

Extent of following Subdivisions

"26K. This Subdivision and the later Subdivisions of this Division, other than this section, Subdivision AG and subsection 50E(1), do not apply to criminal justice visas.

Application for visa

   "26L.(1) A non-citizen who wants a visa must apply for it.

"(2) Without limiting subsection (1), the regulations may prescribe the way for making:

  (a)     an application in specified circumstances; or

  (b)     an application for a visa in a specified class; or

    (c)     an application in specified circumstances for a visa in a specified class.

"(3) Without limiting subsection (1), the regulations may provide that, when an application in a specified class is made, the applicant:

  (a)     must be outside Australia; or

    (b)     must be in immigration clearance or have been refused immigration clearance; or

    (c)     must be in the migration zone and, on last entering Australia, been immigration cleared or bypassed immigration clearance.

Valid visa application

  "26M. An application for a visa is valid if, and only if:

  (a)     it is for a visa in a class specified in the application; and

    (b)     it is made in the way required by subsection 26L(2), including any way required by subsection 26L(3); and

    (c)     any fees payable in respect of it under the regulations have been paid; and

    (d)     it is not prevented by section 26P (visa refused or cancelled earlier), 54HH (criminal justice) or 54ZC (detainees); and

    (e)     in a case where the applicant is in the migration zone and the application is not for a protection visa or a bridging visa, the applicant has not, since last entering Australia, held a visa subject to a condition described in paragraph 26G(2)(a).

Consideration of valid visa application

  "26N.(1) The Minister is to consider a valid application for a visa.

  "(2) The requirement to consider an application continues until:

  (a)     it is withdrawn, approved or refused; or

    (b)     the further consideration is prevented by section 26E (limiting number of visas) or 28 (suspension of consideration).

"(3) To avoid doubt, the Minister is not to consider an application that is not a valid application.

"(4) To avoid doubt, a decision by the Minister that an application is not valid and cannot be considered is not a decision to refuse the application.

Non-citizens whose application refused or visa cancelled may only apply for particular visas

  "26P.(1) A non-citizen in Australia who:

  (a)     does not hold a substantive visa; and

  (b)     either:

         (i) made an application for a visa, other than a bridging visa, that was refused after