Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:1_338:p2
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 1 cl 338 (pt 2/2)
Character Range: 10098–11269

is an Australian citizen or an Australian permanent resident.

 (7) A decision to refuse to grant a non‑citizen a visa is an MRT‑reviewable decision if:
 (a) the visa is a visa that could not be granted while the non‑citizen is in the migration zone; and
 (b) a criterion for the grant of the visa is that the non‑citizen intends to visit an Australian citizen, or an Australian permanent resident, who is a parent, spouse, child, brother or sister of the non‑citizen; and
 (c) particulars of the relative concerned are included in the application.

 (8) A decision, under section 93, as to the assessed score of an applicant for a visa is an MRT‑reviewable decision if:
 (a) the visa is a visa that could not be granted while the applicant is in the migration zone; and
 (b) the applicant, as required by a criterion for the grant of the visa, was sponsored or nominated by:
 (i) an Australian citizen; or
 (ii) the holder of a permanent visa; or
 (iii) a New Zealand citizen who holds a special category visa; and
 (c) the Minister has not refused to grant the visa.

 (9) A decision that is prescribed for the purposes of this subsection is an MRT‑reviewable decision.