Commonwealth Numbered Regulations

1993 No. 18 MIGRATION (REVIEW) (1993) REGULATIONS - REG 36

36. (1) This regulation has effect subject to regulation 37.

(2) In this regulation:

"relevant decision" means:

   (a)  an internally reviewable decision; or

   (b)  an IRT reviewable decision;

"third party", in relation to an application for a visa or entry permit,
means:

   (a)  an individual (other than the applicant for the visa or entry permit);
        or

   (b)  an organisation.

(3) An applicant for a visa or entry permit may apply, in accordance with
these Regulations, for review of a relevant decision, being a decision to
refuse the visa or entry permit, if:

   (a)  the applicant was lawfully present in Australia when he or she lodged
        the application; or

   (b)  in the case of an application for a visa-the applicant:

        (i)    was an illegal entrant on 19 December 1989; and

        (ii)   has not subsequently left Australia; or

   (c)  in the case of an application for a Class 806 (Family and other close
        ties (after entry)) entry permit:

        (i)    at the date of lodgment of the first-mentioned application, the
               applicant:

                (A)  was an illegal entrant; and

                (B)  had turned 18; and

        (ii)   before he or she turned 18, the applicant:

                (A)  had entered Australia; and

                (B)  had become a prohibited non-citizen or an illegal
                     entrant; or

   (d)  the applicant:

        (i)    became an illegal entrant, by reason of subsection 14 (2) of
               the Act, on entry to Australia; and

        (ii)   has not left Australia since that entry.

(4) Subject to subregulation (7), where an application for a visa or entry
permit has been lodged, a third party may apply, in accordance with these
Regulations, for review of a relevant decision in respect of the application:

   (a)  if:

        (i)    the application was for a class of visa or entry permit that
               has a prescribed criterion requiring nomination or sponsorship;
               and

        (ii)   the third party is a nominator or sponsor of the applicant; or

   (b)  if:

        (i)    the application was for a class of visa or entry permit
               specified in an item in the table set out in subregulation (5);
               and

        (ii)   particulars relating to the third party were included in the
               application; and

        (iii)  the third party applying for review is an individual or
               organisation specified in column 3 of that item; or

   (c)  in respect of an individual, if:

        (i)    the application was for a visa Class 154 (Resident return (A)),
               Class 155 (Resident return (B)), Class 156 (Resident return
               (C)), Class 157 (Resident return (D)) or Class 159 (Resident
               return (F)); and

        (ii)   the applicant made the application overseas; and

        (iii)  the third party is an individual who is a close relative of the
               applicant.

(5) For the purposes of subparagraph (4) (b) (i), the following table is set
out:
Column 1
Item No.
Column 2
Class of visa or entry permit
Column 3
Individual or organisation
1.
Class 124 (Distinguished talent (Australian
support))
an Australian citizen, Australian
permanent resident or Australian
organisation, being an individual or
organisation that has given written
testimony of the applicant's standing
2.
Class 419 (Visiting academic)
an Australian tertiary institution or
research institution
3.
Class 673 (Close family visitor (short stay))
a close relative who is an Australian
citizen or an Australian permanent
resident
4.
Class 683 (Close family visitor)
a close relative who is an Australian
citizen or an Australian permanent
resident

(6) Subject to subregulation (7), a third party may apply, in accordance with
these Regulations, for review of a relevant decision:

   (a)  if:

        (i)    the decision is one to reject a nomination or sponsorship
               lodged in connection with an application for a visa or entry
               permit; and

        (ii)   the third party is the individual or organisation that lodged
               the nomination or sponsorship; or

   (b)  if:

        (i)    the decision is one by way of an assessment under subsection 30
               (1) or 41 (2) of the Act; and

        (ii)   the third party is the nominator or sponsor in relation to the
               application to which the decision relates.

(7) A third party is not entitled under subregulation (4) or (6) to apply for
review of a relevant decision if, at the time of lodgment of the relevant
application for a visa or an entry permit:

   (a)  the third party, if an individual, was not an Australian citizen or an
        Australian permanent resident; or

   (b)  in the case of a decision to refuse an entry permit-the applicant for
        the entry permit did not satisfy the requirements of subregulation
        (3).

(8) A third party may apply, in accordance with these Regulations, for review
of a relevant decision to refuse the nomination or sponsorship by the
third party in relation to a proposed application for a visa or entry permit
if, at the time of lodgment of the nomination or sponsorship:

   (a)  the proposed applicant for the visa or entry permit satisfied any
        requirement of subregulation (3); and

   (b)  the third party, if an individual, was an Australian citizen or an
        Australian permanent resident.