Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p51
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 127703–130471

met—particulars of them and a statement that the visa will not be granted unless they are met within a specified time; and

    (b)     the address of the office of the Department that will be responsible for granting the visa and providing evidence of the visa.

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

"(4) Notification of a decision, the effect of which is to refuse an application for a particular 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)     give the reasons why the criterion was not satisfied or the provision prevented approval; and

  (d)     give notice:

       (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) Notification of a decision to remit a decision for reconsideration must include:

    (a)     notice of the directions or recommendations with which the decision is remitted; and

    (b)     the address of the office of the Department to which the decision has been remitted; and

  (c)     notice:

       (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.

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

Review of assessments made under section 30

"115F. In reviewing an assessment of the Minister under section 30, the only regulations for the purpose of that section which the review officer is to have regard to are whichever of the following are more favourable to the applicant:

     (a)     the regulations for that purpose that were in force at the time the assessment was made by the Minister;

     (b)     the regulations for that purpose that are in force at the time the decision is made by the review officer about the assessment.

Minister may substitute more favourable decision

"115G.(1) If the Minister thinks that it is in the public interest to do so, the Minister may substitute for a decision of a review officer under section 115D another decision being:

   (a)     the decision sought by the applicant; or

   (b)     another decision in terms to which the applicant agrees;

whether or not the review officer had the power to make that other decision.

"(2) In exercising