(regulation 3)

Do not delete : Schedule Part placeholder

[1] Division 2.9, heading

substitute

Division 2.9 Cancellation or refusal to grant visas

[2] After Subdivision 2.9.2

insert

Subdivision 2.9.3 Refusal or cancellation on character grounds

2.51 Notification by Administrative Appeals Tribunal (Act, s 500)

(1) For subsection 500 (6E) of the Act, the Minister is notified in accordance with subregulation (2).

(2) The notice must be:

(a) in the form set out in subregulation (3); and

(b) accompanied by a copy of the application made to the Administrative Appeals Tribunal; and

(i) personally delivered to the office of the Secretary in Canberra; or

(ii) sent by facsimile transmission to the Secretary at the number, or one of the numbers, last notified to the Administrative Appeals Tribunal for that purpose; and

(d) received by the Secretary within 7 working days after the application is made to the Administrative Appeals Tribunal.

(3) The form of the notice is:

‘To the Minister for Immigration and Multicultural Affairs:

Notice is given that an application for review of a decision under section 501 of the Migration Act 1958, a copy of which is attached to this notice, was made to the Administrative Appeals Tribunal on [insert date].

Signed: [insert signature of signatory]

Date: [insert date on which notice is signed]’.

2.52 Revocation of decisions by Minister (Act, s 501C)

(1) This regulation applies to representations made to the Minister under paragraph 501C (3) (b) of the Act.

(2) The representations must be made within 7 days after the person is given the notice under subparagraph 501C (3) (a) (i) of the Act.

(3) The representations must be in writing, and:

(a) in English; or

(b) if the representations are in a language other than English — accompanied by an accurate English translation.

(4) The representations must include the following information:

(a) the full name of the person to whom the representations relate;

(b) the date of birth of that person;

(i) the Immigration file number, if that number has previously been given to the person in writing; or

(ii) if subparagraph (i) does not apply — the number of the receipt issued by Immigration when the visa application was made;

(d) if the visa application was made outside Australia — the name of the Australian mission or Immigration office at which the visa application was given to the Minister;

(e) a statement of the reasons on which the person relies to support the representations.

(5) A document accompanying the representations must be:

(a) the original document; or

(b) a copy of the original document that is certified in writing to be a true copy by:

(i) a Justice of the Peace; or

(ii) a Commissioner for Declarations; or

(iii) a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959; or

(iv) if the copy is certified in a place outside Australia:

(A) a person who is the equivalent of a Justice of the Peace or a Commissioner for Declarations in that place; or

(B) a Notary Public.

(6) If a document accompanying the representations is in a language other than English, the document must be accompanied by an accurate English translation.

(7) For section 501C of the Act (see subsection (10)), a person is not entitled to make representations about revocation of an original decision if:

(a) the person is not a detainee; and

(b) the person is a non-citizen in Australia; and

(i) the person has been refused a visa under section 501 or 501A of the Act; or

(ii) the last visa held by the person has been cancelled under either of those sections.

2.53 Submission of information or material (Act, s 501D)

(1) For section 501D of the Act, information or material must be:

(a) in writing; and

(b) received by the Minister or Immigration within 14 days after the person is invited by the Minister or Immigration to submit information or material.

(2) A document containing the information or material must be:

(a) the original document; or

(b) a copy of the original document that is certified in writing to be a true copy by:

(i) a Justice of the Peace; or

(ii) a Commissioner for Declarations; or

(iii) a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959; or

(iv) if the copy is certified in a place outside Australia:

(A) a person who is the equivalent of a Justice of the Peace or a Commissioner for Declarations in that place; or

(B) a Notary Public.

(3) The document must contain, or be accompanied by, the following written information:

(a) the full name of the person who is the subject of the decision to which the information or material contained in the document relates;

(b) the date of birth of that person;

(i) the Immigration file number, if that number has previously been given to the person in writing; or

(ii) if subparagraph (i) does not apply — the number of the receipt issued by Immigration when the visa application was made;

(d) if the visa application was made outside Australia — the name of the Australian mission or Immigration office at which the visa application was given to the Minister.

(4) If the document is submitted in a language other than English, it must be accompanied by an accurate English translation.

2.54 Notification of decisions (Act, s 501G)

(1) This regulation applies to the manner of giving notice under subsection 501G (1) of the Act.

(2) If the person to whom notice is given was a visa applicant when the decision to which the notice relates was made, the notice must be:

(a) served personally on the person; or

(b) posted to the person at his or her address last given to the Minister under section 53 of the Act.

(3) If the person is a former visa holder who held the visa for less than 1 year when the decision was made, the notice must be:

(a) served personally on the person; or

(b) posted to the person at his or her address last given to Immigration by the person.

(4) If the person is a former visa holder who held the visa for at least 1 year when the decision was made:

(a) Immigration must try to find the person; and

(b) either the notice must be:

(i) served personally on the person; or

(ii) posted to the person at the address found by Immigration or the person’s address last given to Immigration by the person.

Note Notice by post of a decision to refuse to grant a visa to a person, or to cancel a visa that has been granted to a person, is taken to be received at a time worked out under regulation 5.03.

[3] Schedule 2, paragraph 866.224 (b)

omit

examination.

insert

examination; or

[4] Schedule 2, after paragraph 866.224 (b)

insert

(i) who is confirmed by a Commonwealth Medical Officer to be pregnant; and

(ii) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and

(iii) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and

(iv) who the Minister is satisfied should not be required to undergo a chest x-ray examination at this time.

[5] Schedule 4, item 4001

substitute

4001 Either:

(a) the applicant satisfies the Minister that the applicant passes the character test; or

(b) the Minister is satisfied, after appropriate inquiries, that there is nothing to indicate that the applicant would fail to satisfy the Minister that the person passes the character test; or

(c) the Minister has decided not to refuse to grant a visa to the applicant despite reasonably suspecting that the applicant does not pass the character test; or

(d) the Minister has decided not to refuse to grant a visa to the applicant despite not being satisfied that the applicant passes the character test.

[6] Schedule 5, paragraph 5001 (b)

substitute

(b) a person whose visa has been cancelled under section 501 of the Act, as in force before 1 June 1999, wholly or partly because the Minister, having regard to the person’s past criminal conduct, was satisfied that the person is not of good character; or

(c) a person whose visa has been cancelled under section 501, 501A or 501B of the Act, wholly or partly because of paragraph 501 (6) (a), subparagraph 501 (6) (c) (i) or subparagraphs 501 (6) (c) (i) and (ii) of the Act, if the cancellation has not been revoked under subsection 501C (4) of the Act.

Notes

1. These regulations amend Statutory Rules 1994 No. 268, as amended by 1994 Nos. 280, 322, 376 and 452; 1995 Nos. 3, 38, 117, 134, 268, 302 and 411; 1996 Nos. 12, 75 (regulations 7 and 8 were disallowed by the Senate on 11 September 1996), 76, 108, 121, 135, 198, 211 (regulations 4, 10, 11, 13.3, 14-37, 47-49, 51, 53-55, 74, 77.16, 77.19, 78, 85, 119 and 114 were disallowed by the Senate on 7 November 1996) and 276; 1997 Nos. 17, 64, 91, 92, 109, 137, 184, 185, 216, 263, 279, 288, 301 and 354; 1998 Nos. 36, 37, 104 (regulation 15 was disallowed by the Senate on
2 July 1998), 139, 210, 214, 284, 285 (disallowed by the Senate on 31 March 1999), 304, 305, 306 and 322; 1999 Nos. 8 and 58.

2. Made by the Governor-General on 15 April 1999, and notified in the Commonwealth of Australia Gazette on 22 April 1999.