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  • 15 Immigration Law
  • Decision Making
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Decision Making

Granting a Visa

Whether or not a visa will be granted will depend on only one issue: does the applicant satisfy the criteria set out in the visa? There is no variability based on whether the decision maker is having a bad day, or doesn’t like the applicant’s spelling. The decision maker makes their decision on whether the applicant has satisfactorily addressed all the criteria necessary for a successful visa application. If the applicant has done so, then the visa will be granted. The only situation in which this is not true is where there are a limited number of visas in that particular subclass, and then it is whether the applicant has satisfied all the requirements of the visa, and the number of visas hasn’t been exceeded.

Changing Status

Non-citizens with a non-permanent visa may change their status to a permanent resident. These permanent classes include skilled migrants, sponsored family members, refugees and people with distinguished talents.  It is also possible for a non-citizen with a temporary visa to apply for another temporary visa. For example, a person with a visitor visa may apply for a student visa, provided the person meets the criteria of the particular class set out in schedule 2 of Migration Regulations. Find below a summary of eligibility requirement for some of the permanent visa classes.

Review Rights – Federal Courts, High Court and the Commonwealth Ombudsman

Federal Court of Australia and the Federal Circuit Court The Federal Court conducts judicial review of some migration decisions.  This means that it can determine whether a decision is unlawful and, if so, order the decision maker to remake the decision.  Judicial review is very complex and norm...

Review Rights – The Administrative Appeals Tribunal and the Migration Review Tribunal

A non-citizen may request a review of a decision where their visa is being cancelled or refused. There are several administrative bodies that can review the visa decisions that includes, the Administrative Appeals Tribunal (AAT), the Migration Review Tribunal, the Federal Court of Australia, ...

Page last updated 16/05/2020

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