Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p14
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 33376–36239

or

  (d)     applicants in a specified class in specified circumstances.

Failure to receive information not require action

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

  (a)     is invited to give additional information; and

    (b)     does not give the information before the time for giving it has passed;

the Minister may make a decision about the application without taking any action to obtain the additional information.

  "(2) If an applicant for a visa:

   (a)     is invited to comment on information; and

     (b)     does not give the comments before the time for giving them has passed;

the Minister may make the decision without taking any further action to obtain the applicant's views on the information.

When decision about visa application may be made

"26ZE.(1) Subject to sections 26Y (give applicant information) and 31 (delay under points system) and subsections (2) and (3), the Minister may approve, or refuse, an application for a visa at any time after the application has been made.

"(2) The Minister is not to refuse an application after inviting the applicant to give information and before whichever of the following happens first:

   (a) the information is given;

    (b)     the applicant tells the Minister that the applicant does not wish to give the information or does not have it;

  (c)     the time in which the information may be given ends.

"(3) The Minister is not to refuse an application after inviting the applicant to comment on information and before whichever of the following happens first:

  (a)     the comments are given;

    (b)     the applicant tells the Minister that the applicant does not wish to comment;

  (c)     the time in which the comments are to be given ends.

"Subdivision AC—Decision about application

Decision about application

"26ZF.(1) After considering a valid application for a visa, the Minister:

  (a) if satisfied that:

       (i) the health criteria for it (if any) have been satisfied; and

         (ii) the other criteria for it prescribed by this Act or the regulations have been satisfied; and

         (iii) the approval of the application is not prevented by this Act or another law of the Commonwealth; and

         (iv) any visa tax, any English Education Charge under the Immigration (Education) Charge Act 1992 and any charge under the Migration (Health Services) Charge Act 1991 payable in relation to the application if the application is approved have been paid;

     is to approve the application; or

  (b) if not so satisfied, is to refuse the application.

"(2) To avoid doubt, an application set aside 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