Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p9
Version: federal_register_of_legislation:C2004A04736
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(a) it is an application for a visa of a class prescribed for the purposes of this subsection; and

        (b) under the regulations, the application is taken to have been validly made.".

Consideration of valid visa application

  17. Section 26N of the Principal Act is amended:

  (a) by inserting in subsection (2) "for a visa" after "application";

    (b) by omitting from paragraph (2)(a) "it" and substituting "the application";

  (c) by omitting from paragraph (2)(a) ", approved or refused";

  (d) by inserting after paragraph (2)(a) the following paragraph:

      "(aa) the Minister grants or refuses to grant the visa; or";

    (e) by omitting from subsection (4) "the application" and substituting "to grant the visa".

Repeal of section and substitution of new section

18. Section 26P of the Principal Act is repealed and the following section is substituted:

Non-citizen refused a visa or whose visa cancelled may only apply for particular visas

  "26P. A non-citizen in the migration zone who:

  (a) does not hold a substantive visa; and

  (b) either:

        (i) after last entering Australia, was refused a visa, other than a bridging visa, for which the non-citizen had applied (whether or not the application has been finally determined); or

        (ii) held a visa that was cancelled under section 45 (incorrect information), 50AB (general power to cancel), 50A (business visas) or 180A (special power to refuse or cancel);

may, subject to the regulations, apply for a visa of a class prescribed for the purposes of this section, but not for a visa of any other class.".

Withdrawal of visa application

19. Section 26Q of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:

"(3) For the purposes of section 26P, the Minister is not taken to have refused to grant the visa if the application is withdrawn before the refusal.".

Communication of applicant or interested person with Minister

  20. Section 26T of the Principal Act is amended:

     (a) by inserting in subsections (1) and (3) "or interested person" after "applicant";

  (b) by adding at the end the following subsection:

     "(4) In this section, 'interested person' means a person who wants, or who is requested, to give information about the applicant to the Minister.".

Communication of Minister with applicant

  21. Section 26U of the Principal Act is amended:

  (a) by omitting from subsection (4) "A visa" and substituting "An";

  (b) by inserting after subsection (4) the following subsection:

     "(4A) Subject to the regulations, only one person may be specified, under subsection (4), in relation to an applicant at any particular time.";

    (c) by omitting from subsection (5) "may give, but is not required to give," and substituting "must give";

  (d) by inserting after subsection (5) the following subsection:

    "(5A)