Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 66

Notification of decision

             (1)  When the Minister grants or refuses to grant a visa, he or she is to notify the applicant of the decision in the prescribed way.

             (2)  Notification of a decision to refuse an application for a visa must:

                     (a)  if the grant of the visa was refused because the applicant did not satisfy a criterion for the visa--specify that criterion; and

                     (b)  if the grant of the visa was refused because a provision of this Act or the regulations prevented the grant of the visa--specify that provision; and

                     (c)  unless subsection (3) applies to the application--give written reasons (other than non-disclosable information) why the criterion was not satisfied or the provision prevented the grant of the visa; and

                     (d)  if the applicant has a right to have the decision reviewed under Part 5 or 7 or section 500--state:

                              (i)  that the decision can be reviewed; and

                             (ii)  the time in which the application for review may be made; and

                            (iii)  who can apply for the review; and

                            (iv)  where the application for review can be made; and

                     (e)  in the case of a fast track reviewable decision--state that the decision has been referred for review under Part 7AA and that it is not subject to review under Part 5 or Part 7; and

                      (f)  in the case of a fast track decision that is not a fast track reviewable decision--state that the decision is not subject to review under Part 5, 7 or 7AA.

             (3)  This subsection applies to an application for a visa if:

                     (a)  the visa is a visa that cannot be granted while the applicant is in the migration zone; and

                     (b)  this Act does not provide, under Part 5 or 7, for an application for review of a decision to refuse to grant the visa.

             (4)  Failure to give notification of a decision does not affect the validity of the decision.

             (5)  This section does not apply to a decision under section 501, 501A, 501B or 501F to refuse to grant a visa to a person.

Note:          Sections 501C and 501G provide for notification of a decision under section 501, 501A, 501B or 501F to refuse to grant a visa to a person.



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