Document ID: chunk:federal_register_of_legislation:C2024C00800:section:338:p3
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 338 (pt 3/3)
Character Range: 1072422–1073512

application.
Note: Section 5G may be relevant for determining family relationships for the purposes of this subsection.
 (7A) A decision to refuse to grant a non‑citizen a permanent visa is a reviewable migration decision if:
 (a) the non‑citizen made the application for the visa at a time when the non‑citizen was outside the migration zone; and
 (b) the visa is a visa that could be granted while the non‑citizen is either in or outside the migration zone.
 (8) A decision, under section 93, as to the assessed score of an applicant for a visa is a reviewable migration 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 a reviewable migration decision.