Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p15
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 35996–38725

under section 31 is not taken for the purposes of subsection (1) to have been considered until it has been reconsidered under the regulations under subsection 31(4) for the last time.

"(3) For the purposes of subparagraph (1)(a)(iv), visa tax in relation to an application for a visa is taken to be payable if the application is approved even though the tax might not become payable because of subsection 5(4) of the Migration (Delayed Visa Applications) Tax Act 1992 (not payable if applicant leaves Australia before grant).

Notification of decision

"26ZG.(1) When the Minister approves or refuses a visa application, he or she is to notify the applicant of the decision in the prescribed way.

"(2) Notification of a decision to approve an application for a visa must, if there are any prescribed requirements or requirements under any other law of the Commonwealth for the grant that have to be met, include particulars of them and a statement that the visa will not be granted unless they are met within a specified time.

"(3) A time specified for the purposes of subsection (2) must begin on the date of notification and not be longer than 12 months.

"(4) Notification of a decision to refuse an application for a visa must:

    (a)     if the visa was refused because the applicant did not satisfy a criterion for the visa—specify that criterion; and

    (b)     if the visa was refused because a provision of this Act or the regulations prevented approval—specify that provision; and

    (c)     unless subsection (5) applies to the application—give the reasons (not being non-disclosable information) why the criterion was not satisfied or the provision prevented approval; and

    (d)     if the applicant has a right to have the decision reviewed under Part 3 or 4A or section 180—state:

       (i) that the decision can be reviewed; and

          (ii) the time in which the application for review may be made; and

      (iii) who can apply for the review; and

      (iv) where the application for review can be made.

  "(5) This subsection applies 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 for review of a decision to refuse the application for the visa.

"(6) Failure to give notification of a decision does not affect the validity of the decision.

Effect of compliance or non-compliance

"26ZH.(1) Non-compliance with Subdivision AA or AB in relation to a visa application does not mean that a decision to approve or refuse the application is not a valid decision but only means that the decision might have been the wrong one and might