Commonwealth Numbered Regulations

1993 No. 18 MIGRATION (REVIEW) (1993) REGULATIONS - REG 4

4. (1) Subject to this regulation, a decision is an internally reviewable
decision if it is:

   (a)  a decision to refuse a visa or entry permit of a kind specified in the
        Schedule; or

   (b)  a decision to reject a nomination or sponsorship lodged in connection
        with an application, or proposed application, for a visa or entry
        permit of a kind specified in the Schedule; or

   (c)  a decision by way of an assessment under subsection 30 (1) or 41 (2)
        of the Act in relation to an application for a visa or entry permit of
        a kind specified in the Schedule.

(2) A decision is not an internally reviewable decision if it is:

   (a)  a decision made:

        (i)    by the Minister personally; or

        (ii)   by the Secretary, or a Senior Executive Service officer, acting
               as a delegate of the Minister; or

   (b)  a decision made on, or in connection with, an application for an entry
        permit lodged by a person who:

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

        (ii)   was an illegal entrant by reason of that subsection when he or
               she lodged the application; or

   (c)  a decision made in respect of an application for an entry permit
        lodged as a result of a notification by the Tribunal to the applicant
        under paragraph 121 (2) (a) of the Act.

(3) A decision to refuse a permanent entry permit after the applicant's entry
into Australia is not an internally reviewable decision unless:

   (a)  the applicant held a temporary entry permit that was not subject to
        the condition referred to in paragraph 33 (4) (a) of the Act when he
        or she applied for the permanent entry permit; or

   (b)  in the case of an application lodged by the applicant at the same time
        as an application for a Group 2.5 (Extended eligibility) entry permit:

        (i)    the second-mentioned application is refused; and

        (ii)   that refusal is internally reviewable.

(4) A decision to refuse a Group 2.5 (Extended eligibility) entry permit to an
applicant who held, on lodging the application for the entry permit, a visitor
visa or a visitor entry permit is not an internally reviewable decision unless
the application was for:

   (a)  a Class 820 (Extended eligibility (spouse)) entry permit or a Class
        801 (Spouse (after entry)) entry permit; or

   (b)  a Class 826 (Extended eligibility (interdependency)) entry permit or a
        Class 814 (Interdependency (permanent)) entry permit.

(5) A decision is not an internally reviewable decision if it is a decision to
refuse:

   (a)  a temporary entry permit of a kind specified in column 2 of an item in
        Part 2 of Schedule 1 to the Migration (1993) Regulations to an
        applicant who held, when he or she applied for the entry permit, a
        Group 2.2 (Student) visa or entry permit that was granted for the
        primary purpose of enabling him or her to study a full-time English
        language course as a student paying full fees; or

   (b)  an entry permit to an applicant who held, on or after entry into
        Australia, a visa or entry permit granted subject to a condition
        specified in paragraph 23 (4) (b) or 33 (4) (b) of the Act; or

   (c)  a prescribed permit, within the meaning of Part 3.

(6) A decision to reject a nomination or sponsorship lodged in connection with
an application or proposed application for a visa or entry permit of a kind
specified in the Schedule is an internally reviewable decision only if:

   (a)  where such an application has been lodged-no decision in respect of
        the application has been notified to the person lodging the
        application; and

   (b)  whether or not such an application has been lodged-some person would
        have, in the event of lodgment and refusal of the application, a right
        of review of the decision in respect of the application.