Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p12
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 28352–31139

making the decision.

"(2) Subsection (1) does not mean that the Minister is required to delay making a decision because the applicant might give, or has told the Minister that the applicant intends to give, further information.

Further information may be sought

"26X.(1) In considering an application for a visa, the Minister may, if he or she wants to, get any information that he or she considers relevant and may have regard to that information in making the decision about the application.

"(2) Without limiting subsection (1), the Minister may invite, orally or in writing, the applicant for a visa to give additional information in a specified way.

Certain information must be given to applicant

"26Y.(1) Subject to subsection (2), if the Minister has. information, not being non-disclosable information, that he or she considers:

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

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

     (c)    was not given by, or with the permission of, the applicant for the purpose of the application;

the Minister is to:

   (d)    give particulars of the information to the applicant; and

   (e)    invite the applicant to comment on the information.

  "(2) This section does not apply to an application for a visa if:

     (a)     the application is to be made when the applicant is outside Australia; and

     (b)     this Act does not provide for an application in accordance with Part 3 or 4A for review of a decision to refuse the application for the visa.

"(3) The particulars and invitation are to be given in the way that the Minister considers appropriate in the circumstances, which may be orally or in writing.

"(4) The Minister is to ensure, as far as reasonably practicable, that the applicant understands why the information is relevant to the application.

Invitation to give further information or comments

  "26Z.(1) If an applicant for a visa is:

  (a)     invited under section 26X to give additional information; or

  (b)     invited under section 26Y to comment on information;

the invitation is to specify whether the additional information or the comments may be given:

  (c)     in writing; or

  (d)     at an interview between the applicant and an officer; or

  (e)     by telephone.

"(2) Subject to subsection (4), if the invitation is to give additional information or comments otherwise than at an interview, the information or comments are to be given within a period specified in the invitation, being a prescribed period or, if no period is prescribed, a reasonable period.

"(3) Subject to subsection (5), if the invitation is