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MIGRATION REGULATIONS 1994 - REG 2.15

Response to invitation to give additional information or comments--prescribed periods

             (1)  For the purposes of subsection 58(2) of the Act (which deals with invitations to give additional information or comments), and subject to subregulation (2), the prescribed period for giving additional information or comments in response to an invitation is:

                     (a)  in the case of an application for a substantive visa that was made by an applicant who is in immigration detention--3 working days after the applicant is notified of the invitation; or

                     (b)  in the case of an application made by a person who is in Australia, other than a person referred to in paragraph (a):

                              (i)  if the invitation is given at an interview--7 days after the interview; or

                            (ia)  if the invitation is given in a telephone conversation--7 days after the invitation is given; or

                             (ii)  if the invitation is given otherwise than in a way mentioned in paragraph (i) or (ia):

                                        (A)  in the case of an application for a Tourist (Class TR) visa , a Subclass 600 (Visitor) visa or a Medical Treatment (Visitor) (Class UB) visa--7 days after the applicant is notified of the invitation; or

                                        (B)  in the case of a fast track applicant--14 days after the applicant is notified of the invitation; or

                                        (C)  in any other case--28 days after the applicant is notified of the invitation; or

                     (d)  in the case of an application made by an applicant for a Visitor (Class TV) visa:

                              (i)  7 days after the applicant is notified of the invitation; or

                             (ii)  if the Minister so decides in the circumstances of the case--70 days after the applicant is notified of the invitation.

             (2)  Subregulation (1) does not apply to a request for information or comments to be obtained from a third party regarding the following matters:

                     (a)  the applicant's health;

                     (b)  the satisfaction by the applicant of public interest criteria;

                     (c)  the satisfaction of criteria relating to the applicant's capacity to communicate in English;

                     (d)  assessment of the applicant's skills or qualifications.

             (3)  For the purposes of paragraph 58(3)(b) of the Act (which deals with the time in which an interview is to take place), the prescribed period is:

                     (a)  in the case of an application for a substantive visa that was made by an applicant who is in immigration detention--3 working days after the applicant is notified of the invitation; or

                     (b)  in the case of an application made by an applicant who is in Australia, other than a person referred to in paragraph (a):

                              (i)  in the case of an application for a Tourist (Class TR) visa , a Subclass 600 (Visitor) visa or a Medical Treatment (Visitor) (Class UB) visa--7 days after the applicant is notified of the invitation; or

                             (ii)  in the case of a fast track applicant--14 days after the applicant is notified of the invitation; or

                            (iii)  in any other case--28 days after the applicant is notified of the invitation; or

                     (c)  in the case of an application made by an applicant who is not in Australia:

                              (i)  28 days; or

                             (ii)  if the Minister so decides in the circumstances of the case--70 days;

                            after the applicant is notified of the invitation.

             (4)  For the purposes of subsection 58(4) or (5) of the Act (dealing with extending the period to respond to an invitation or attend for interview), the prescribed further period is:

                     (a)  if the applicant is in immigration detention--2 working days; or

                     (b)  if the applicant is in Australia but is not in immigration detention--7 days; or

                     (c)  if the applicant is not in Australia:

                              (i)  7 days; or

                             (ii)  if the Minister so decides in the circumstances of the case--28 days;

after the applicant is notified of the invitation.

Note:          If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.



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