Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p16
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 38519–41021

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 be set aside if reviewed.

"(2) If the Minister deals with a visa application in a way that complies with Subdivision AA, AB and this Subdivision, the Minister is not required to take any other action in dealing with it.

"Subdivision AD—Grant of visas

Grant of visa

  "26ZI.(1) If:

  (a)     the Minister has approved the application for a visa; and

    (b)    any prescribed requirements or requirements under any other law of the Commonwealth for the grant have been met within the time for doing so specified in the notice of approval; and

    (c)     the grant is not prevented by section 26F (circumstances when granted) or any other provision of this Act or any other law of the Commonwealth;

the visa must be granted.

"(2) To avoid doubt, if the time within which a visa can be granted ends without it being able to be granted, the visa cannot be granted and the application lapses and is taken to have been finally determined.

"(3) To avoid doubt, the prevention by subsection (2) of the grant of a visa is not a decision to refuse the application for the visa.

Way visa granted

"26ZJ. A visa is to be granted by the Minister causing a record of it to be made.

When visa operates

"26ZK.(1) Subject to subsection (2), a visa has effect as soon as it is granted.

"(2) A visa may provide that it is to have effect from a date specified in it, being a date after its grant.

"Subdivision AE—Evidence of visas

Evidence of visa

"26ZL. Subject to the regulations, if a non-citizen is granted a visa, an officer is to give the non-citizen evidence of the visa.

Ways of giving evidence

"26ZM.(1) Evidence of a visa is to be given in a way prescribed for giving the evidence.

"(2) The regulations may provide that the way in which evidence of a visa or a visa in a class is to be given is to depend on the circumstances in which it is given.

"(3) If a regulation provides that evidence of a non-citizen's visa may be given by endorsing a valid passport or other valid travel document issued to the non-citizen or another non-citizen associated with him or her, the Minister may direct that a specified document is

not to be taken to be a passport or travel document for the purposes of the regulation. (Australia does not recognise the issue of the document or other reason.)