Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 46AA

Visa classes covered by this section

  (1)   The following classes of visas are covered by this section:

  (a)   special category visas (see section   32);

  (b)   permanent protection visas (see subsection   35A(2));

  (c)   temporary protection visas (see subsection   35A(3));

  (ca)   safe haven enterprise visas (see subsection   35A(3A));

  (d)   bridging visas (see section   37);

  (e)   temporary safe haven visas (see section   37A);

  (f)   maritime crew visas (see section   38B).

Applications invalid if no prescribed criteria

  (2)   An application for a visa of any of the classes covered by this section is invalid if, when the application is made, both of the following conditions are satisfied:

  (a)   there are no regulations in effect prescribing criteria that must be satisfied for a visa of that particular class to be a valid application;

  (b)   there are no regulations in effect prescribing criteria that must be satisfied for a visa of that particular class to be granted.

Note:   This subsection does not apply if regulations are in effect prescribing criteria mentioned in paragraph   (a) or (b) (or both) for a visa.

  (3)   The criteria mentioned in subsection   (2) do not include prescribed criteria that apply generally to visa applications or the granting of visas.

Example:   The criteria mentioned in subsection   (2) do not include the criteria set out in regulation   2.07 of the Migration Regulations   1994 (application for visa--general).

Criteria in the Act and the regulations

  (4)   If regulations are in effect prescribing criteria mentioned in paragraph   (2)(a) or (b) (or both) for a visa of a class covered by this section:

  (a)   an application for the visa is invalid unless the application satisfies both:

  (i)   any applicable criteria under this Act that relate to applications for visas of that class; and

  (ii)   any applicable criteria prescribed by regulation that relate to applications for visas of that class; and

  (b)   the visa must not be granted unless the application satisfies both:

  (i)   any applicable criteria under this Act that relate to the grant of visas of that class; and

  (ii)   any applicable criteria prescribed by regulation that relate to the grant of visas of that class.

Note:   For visa applications generally, see section   46. For the grant of a visa generally, see section   65.