Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1A) For paragraph 338(2)(d) of the Act, the following visas are prescribed:
(a) a Subclass 401 (Temporary Work (Long Stay Activity)) visa;
(aa) a Subclass 402 (Training and Research) visa;
(b) a Subclass 407 (Training) visa;
(c) a Subclass 416 (Special Program) visa;
(e) a Subclass 420 (Entertainment) visa;
(k) a Subclass 457 (Temporary Work (Skilled)) visa;
(ka) a Subclass 482 (Temporary Skill Shortage) visa;
(l) a Subclass 488 (Superyacht Crew) visa;
(la) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
(m) a Subclass 870 (Sponsored Parent (Temporary)) visa.
(4) For subsection 338(9) of the Act, each of the following decisions is a Part 5 - reviewable decision:
(a) a decision under subsection 140E(1) or (1A) of the Act to refuse a person's application for approval as a work sponsor or family sponsor in relation to a class of sponsor;
(d) a decision under subsection 140GB(2) of the Act to refuse to approve a nomination;
(e) a decision under regulation 5.19 to refuse an application for approval of the nomination of a position;
(i) relates to requiring a security; and
(ii) relates to the refusal to grant a visa, being a visa for which the Minister is to have regard to a criterion to the effect that if an authorised officer has required a security for compliance with any conditions that the officer has indicated to the applicant will be imposed on the visa if it is granted, the security has been lodged;
(h) a decision under section 140M of the Act to take one or more actions to cancel an approved sponsor's approval or to bar an approved sponsor;
(j) a decision to refuse to grant a Subclass 173 (Contributory Parent (Temporary)) visa to a contributory parent newborn child;
(k) a decision to refuse to grant a Subclass 884 (Contributory Aged Parent (Temporary)) visa to a contributory parent newborn child;
(l) a decision to refuse to grant a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa to a non - citizen who is outside Australia at the time of application if:
(i) the non - citizen is, at the time the decision to refuse to grant the visa is made, identified in an approved nomination that has not ceased under regulation 2.75 or 2.75B and the nominator was, at the time the nomination was approved, a person, body, company or partnership referred to in subregulation (4AA); or
(ii) a review of a decision under section 140E of the Act not to approve the proposed work sponsor of the non - citizen is pending at the time the decision to refuse to grant the visa is made and the proposed work sponsor was, at the time the decision under section 140E was made, a person, body, company or partnership referred to in subregulation (4AA); or
(iii) a review of a decision under section 140GB of the Act not to approve the nomination of the non - citizen is pending at the time the decision to refuse to grant the visa is made and the nominator was, at the time the decision under section 140GB was made, a person, body, company or partnership referred to in subregulation (4AA); or
(iv) the non - citizen did not seek to satisfy the primary criteria for the grant of the visa, and the grant of the visa was refused because the non - citizen did not satisfy the secondary criteria for the grant of the visa;
(la) a decision to refuse to grant a Subclass 489 (Skilled--Regional (Provisional)) visa or a Subclass 491 (Skilled Work Regional (Provisional)) visa to a non - citizen if:
(i) the non - citizen is outside Australia at the time of application; and
(ii) the non - citizen was sponsored or nominated, as required by a criterion for the grant of the visa, by a person, body, company or partnership referred to in subregulation (4AA);
(m) a decision under subregulation 1.20AA(2) to refuse to approve a person or an organisation as a sponsor of a temporary visa applicant;
(n) a decision under subsection 140GA(2) of the Act not to vary a term specified in an approval;
(o) a decision to refuse to grant a Subclass 407 (Training) visa to a non - citizen who is outside Australia at the time of application if:
(i) the non - citizen is, at the time the decision to refuse to grant the visa is made, identified in an approved nomination that has not ceased under regulation 2.75A and the nominator was, at the time the nomination was approved, a person, body, company or partnership referred to subregulation (4AA); or
(ii) a review of a decision under section 140E of the Act not to approve the proposed sponsor of the non - citizen is pending at the time the decision to refuse to grant the visa is made and the proposed sponsor was, at the time the decision under section 140E was made, a person, body, company or partnership referred to in subregulation (4AA); or
(iii) a review of a decision under section 140GB of the Act not to approve the nomination of the non - citizen is pending at the time the decision to refuse to grant the visa is made and the nominator was, at the time the decision under section 140GB was made, a person, body, company or partnership referred to in subregulation (4AA); or
(iv) the non - citizen did not seek to satisfy the primary criteria for the grant of the visa, and the grant of the visa was refused because the non - citizen did not satisfy the secondary criteria for the grant of the visa; or
(v) except if it is a criterion for the grant of the visa that the non - citizen is identified in an approved nomination that has not ceased under regulation 2.75A--the non - citizen is, at the time the decision to refuse to grant the visa is made, sponsored by an approved work sponsor and that sponsor is, at that time, a Commonwealth agency;
(p) a decision to refuse to grant a Subclass 408 (Temporary Activity) visa to a non - citizen, if:
(i) the non - citizen was outside Australia at the time of application; and
(ii) the non - citizen was sponsored, as referred to in paragraph (a) of the definition of passes the sponsorship test in clause 408.111 of Schedule 2, by a person, body, company or partnership referred to in subregulation (4AA);
(q) a decision to refuse to grant a visa prescribed under subregulation (1A) to a non - citizen if:
(i) the non - citizen did not seek to satisfy the primary criteria for the grant of the visa, and the grant of the visa was refused because the non - citizen did not satisfy the secondary criteria for the visa; and
(ii) the requirements of paragraphs 338(2)(a) to (c) of the Act are met in relation to the non - citizen and the visa;
(r) a decision to refuse to grant a Subclass 870 (Sponsored Parent (Temporary)) visa to a non - citizen if the non - citizen:
(i) is outside Australia at the time of application; and
(ii) is sponsored by a parent sponsor at the time the decision to refuse to grant the visa is made;
(s) a decision made after 26 February 2021 to refuse to grant a Subclass 300 (Prospective Marriage) visa, if the visa was applied for before the end of the concession period described in subregulation 1.15N(1) by an applicant who:
(i) was outside Australia when the application was made; and
(ii) was in Australia at any time during that concession period; and
(iii) was in Australia on the day the decision was made;
(saa) a decision to refuse to grant a Subclass 309 (Partner (Provisional)) visa;
(sa) a decision made after the commencement of this paragraph to refuse to grant a Subclass 445 (Dependent Child) visa if the visa was applied for by an applicant who was outside Australia when the application was made;
(t) a decision made after 23 March 2021 to refuse to grant a Subclass 173 (Contributory Parent (Temporary)) visa to a non - citizen (other than a contributory parent newborn child) if:
(i) the application for the visa was made before 24 March 2021; and
(ii) the non - citizen was in Australia on 24 March 2021; and
(iii) the decision is made before the end of the concession period described in subregulation 1.15N(1); and
(iv) the non - citizen is in Australia when the decision is made;
(u) a decision not to approve for the purposes of condition 8208 a visa holder undertaking critical technology related study (within the meaning of that condition).
(4AA) For the purposes of subparagraphs 4.02(4)(l), (la), (o) and (p), the nominator or sponsor must be:
(b) a company that operates in the migration zone; or
(c) a partnership that operates in the migration zone; or
(d) the holder of a permanent visa; or
(e) a New Zealand citizen who holds a special category visa; or
(g) a State or Territory government agency.
(4A) For the purposes of paragraph (4)(a), the decision is not a Part 5 - reviewable decision if:
(a) the decision relates to a person whose application for approval as an approved work sponsor in relation to the standard business sponsor class has been refused; and
(b) in making the decision, the Minister did not consider the criterion at paragraph 2.59(f).
Note: The Minister is required to consider the criterion at paragraph 2.59(f) only if the applicant is lawfully operating a business in Australia.
(4B) For the purposes of paragraphs (4)(d) and (h), the decision is not a Part 5 - reviewable decision if:
(a) the decision relates to a person who is:
(i) a standard business sponsor; or
(ii) a former standard business sponsor; and
(i) in making the decision under subsection 140E(1) of the Act (whether to approve the person as a standard business sponsor), the Minister did not consider the criterion at paragraph 2.59(f); or
(ii) if a term of the approval of the person as a standard business sponsor has been varied--in making the decision under subsection 140GA(2) of the Act (whether to vary the terms of approval), the Minister did not consider the criterion at paragraph 2.68(g) (as in force before 18 March 2018).
Note: The Minister is required to consider the criterion at paragraph 2.59(f) or 2.68(g) only if the applicant is lawfully operating a business in Australia.
(5) For paragraph 347(2)(d) of the Act, an application for review of a decision mentioned in subregulation (4) may only be made by the following:
(a) in the case of a decision mentioned in paragraph (4)(a)--a person to whose application the decision relates;
(c) in the case of a decision mentioned in paragraph (4)(d)--the person who made the nomination;
(d) in the case of a decision mentioned in paragraph (4)(e)--the person to whose nomination of a position the decision relates;
(e) in the case of a decision to which paragraph (4)(f) applies--the non - citizen in relation to whom the decision is made;
(g) in the case of a decision mentioned in paragraph (4)(h)--the person whose approval is cancelled or who has been barred;
(h) in the case of a decision to which paragraph (4)(j) applies--the sponsor of the contributory parent newborn child;
(i) in the case of a decision to which paragraph (4)(k) applies--the applicant;
(k) in the case of a decision to which paragraph (4)(l) relates--the person who applied to become the sponsor or who nominated the non - citizen;
(ka) in the case of a decision to which paragraph (4)(la) relates--the sponsor or nominator;
(l) in the case of a decision to which paragraph (4)(m) applies--the person or organisation to whose approval the decision relates;
(m) in the case of a decision to which paragraph (4)(n) applies--the approved sponsor who applied for a variation of the term;
(n) in the case of a decision to which paragraph (4)(o) applies--the person who applied to become the sponsor or who nominated the non - citizen;
(o) in the case of a decision to which paragraph (4)(p) applies--the sponsor;
(p) in the case of a decision to which paragraph (4)(q) applies--a person to whose application the decision relates;
(q) in the case of a decision to which paragraph (4)(r) applies--the parent sponsor;
(r) in the case of a decision to which paragraph (4)(s) applies--the sponsor;
(raa) in the case of a decision to which paragraph (4)(saa) applies--the applicant;
(ra) in the case of a decision to which paragraph (4)(sa) applies--the sponsor;
(s) in the case of a decision to which paragraph (4)(t) applies--the sponsor;
(t) in the case of a decision to which paragraph (4)(u)
applies--the visa holder.