Commonwealth Numbered Regulations

1990 No. 109 MIGRATION REGULATIONS (AMENDMENT) - REG 16

16. After Division 1 of Part 8 of the Migration Regulations the following
Division is inserted:

"Division 1A-Reconsideration of decisions Reconsideration of decisions to
refuse to grant a visa or entry permit

"173A. (1) Where a person whose application under the provisions of the Act as
in force before 19 December 1989 for the grant of a visa or entry permit has
been refused after 18 September 1989:

   (a)  did not lodge under regulation 29B, 29BA, 29BB or 29BC of the
        Migration Regulations as in force before 19 December 1989 a second
        application for the visa or entry permit; and

   (b)  is not entitled to apply under the provisions of the Migration
        (Review) Regulations for review of the decision; the person may make
        one application to the Minister, in a form approved by the Minister,
        to reconsider the decision.

"(2) Subregulation (1) does not apply if the application was made:

   (a)  on humanitarian grounds; or

   (b)  on the ground that the applicant was entitled to the status of a
        refugee as defined in paragraph 47 (1) (d) of the Act; or

   (c)  on the ground that the applicant was a student.

"(3) Subregulation (1) does not apply if:

   (a)  the applicant:

        (i)    was outside Australia when the application was lodged; and

        (ii)   applied for a visitor visa; or

   (b)  the applicant:

        (i)    was in Australia as a visitor; and

        (ii)   applied for a further temporary entry permit; unless the
               applicant was when the application was lodged the:

   (c)  spouse; or

   (d)  child or step-child; or

   (e)  adopted child or step-adopted child; or

   (f)  parent or step-parent; or

   (g)  sister or step-sister; or

   (h)  brother or step-brother; or

        (i)    fiance; of an Australian citizen, or an Australian permanent
               resident, normally resident in Australia.

"(4) An application under subregulation (1) to reconsider a decision to refuse
to grant a visa or entry permit must be lodged:

   (a)  if the applicant is physically present in Australia when the decision
        is made:

        (i)    before the expiration of 28 days after the making of the
               decision; or

        (ii)   before 31 August 1990; whichever is the later; or

   (b)  if the applicant is not so present:

        (i)    before the expiration of 70 days after the making of the
               decision; or

        (ii)   before 31 August 1990; whichever is the later.".