Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p10
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 23304–26174

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 he or she last entered Australia (whether or not the application has been finally determined); or

         (ii) held a visa that was cancelled under section 45 (incorrect information), 50AB (general power to cancel); or section 50A (business visas);

may apply for a visa in a class prescribed for the purposes of this section or a bridging visa but not for any other visa.

"(2) One of the criteria for a visa in a class prescribed for the purposes of this section is that there has been a prescribed change in circumstances since the refused application or cancellation.

Withdrawal of visa application

"26Q.(1) An applicant for a visa may, by written notice given to the Minister, withdraw the application.

"(2) An application that is withdrawn is taken to have been disposed of.

"(3) To avoid doubt, an application that is withdrawn before it is refused is not taken for the purposes of section 26P to have been refused.

"(4) Subject to the regulations, fees payable in respect of an application that is withdrawn are not refundable.

Only new information to be considered in later protection visa applications

  "26R. If a non-citizen who has made:

     (a)     an application for a protection visa that has been refused and finally determined; or

     (b)     applications for protection visas that have been refused and finally determined;

makes a further application for a protection visa, the Minister, in considering the further application:

     (c)     is not required to reconsider any information considered in the earlier application or an earlier application; and

     (d)     may have regard to, and take to be correct, any decision that the Minister made about or because of that information.

Order of consideration

"26S.(1) The Minister may consider and dispose of applications for visas in such order as he or she considers appropriate.

"(2) The fact that an application has not yet been considered or disposed of although an application that was made later has been

considered or disposed of does not mean that the consideration or disposal of the earlier application is unreasonably delayed.

            "Subdivision AB—Code of procedure for dealing fairly, efficiently and quickly with visa applications

Communication of applicant with Minister

"26T.(1) A visa applicant must communicate with the Minister in the prescribed way.

"(2) The regulations may prescribe different ways of communicating and specify the circumstances when communication is to be in a particular way.

"(3) If the applicant purports to communicate anything to the Minister in a way that is not