Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 4.23

Expedited review (close family visit visas)

  (1)   This regulation applies to review of a decision to refuse to grant a Sponsored (Visitor) (Class UL) visa, a Tourist (Class TR) visa or a Subclass 600 (Visitor) visa if and only if:

  (a)   the applicant stated in his or her application that he or she intended to visit Australia, or remain in Australia as a visitor, for the purposes of visiting an Australian citizen or an Australian permanent resident who is a parent, spouse,   de   facto   partner, child, brother or sister of the applicant; and

  (b)   that application was made to allow the applicant to participate in an event of special family significance in which he or she is directly concerned; and

  (c)   the applicant identified the event and the applicant's concern in that application; and

  (d)   that application was refused because either:

  (i)   the Minister was not satisfied that the expressed intention of the applicant only to visit Australia was genuine; or

  (ii)   the applicant did not satisfy public interest criterion 4011; and

  (e)   the application was made long enough before the event to allow for review by the Tribunal if the application were refused.

  (3)   The decision must be reviewed immediately by the Tribunal on receipt of an application for review of the decision.

  (4)   The Tribunal must give notice to the applicant of its decision in respect of an application for review as soon as practicable.


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