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 under Part   5 or 7 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; and

  (e)   in the case of a fast track reviewable decision--state that the decision has been referred for review under Part   7AA and that it is not subject to review under Part   5 or Part   7; and

  (f)   in the case of a fast track decision that is not a fast track reviewable decision--state that the decision is not subject to review under Part   5, 7 or 7AA.

  (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 or 7, 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.