Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 66

  (1)   When the Minister grants or refuses to grant a visa, he or she is to notify the applicant of the decision in the prescribed way.

  (2)   Notification of a decision to refuse an application for a visa must:

  (a)   if the grant of the visa was refused because the applicant did not satisfy a criterion for the visa--specify that criterion; and

  (b)   if the grant of the visa was refused because a provision of this Act or the regulations prevented the grant of the visa--specify that provision; and

  (c)   unless subsection   (3) applies to the application--give written reasons (other than non - disclosable information) why the criterion was not satisfied or the provision prevented the grant of the visa; and

  (d)   if the applicant has a right to have the decision reviewed by application under Part   5 or section   500--state:

  (i)   that the decision can be reviewed; and

  (ii)   the time in which the application for review may be made; and

  (iii)   who can apply for the review; and

  (iv)   where the application for review can be made.

  (3)   This subsection applies to an application for a visa if:

  (a)   the visa is a visa that cannot be granted while the applicant is in the migration zone; and

  (b)   this Act does not provide, under Part   5, for an application for review of a decision to refuse to grant the visa.

  (4)   Failure to give notification of a decision does not affect the validity of the decision.

  (5)   This section does not apply to a decision under section   501, 501A, 501B or 501F to refuse to grant a visa to a person.

Note:   Sections   501C and 501G provide for notification of a decision under section   501, 501A, 501B or 501F to refuse to grant a visa to a person.

  (6)   Section   267 (decision - maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under this section.

  (7)   Section   268 (requesting reasons for a reviewable decision from decision - maker) of the ART Act does not apply in relation to decisions to refuse to grant a visa.