Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 84

Minister may suspend processing of visa applications

  (1)   The Minister may, by legislative instrument, determine that dealing with applications for visas (including protection visas) of a specified class is to stop until a day specified in the determination (in this section called the resumption day ).

  (2)   On and after the commencement of an instrument made under subsection   (1), no act is to be done in relation to any application for a visa of the class concerned until the resumption day.

  (3)   A determination under this section does not have any effect in relation to an application for a visa made by a person on the ground that he or she is the spouse,   de   facto   partner or dependent child of:

  (a)   an Australian citizen; or

  (b)   the holder of a permanent visa that is in effect; or

  (c)   a person who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law.

  (4)   Nothing in this section prevents an act being done to implement a decision to grant or to refuse to grant a visa if the decision had been made before the date of the determination concerned.

  (5)   For the purposes of this section, a child of a person is a dependent child if the child:

  (a)   does not have a spouse or   de   facto   partner; and

  (b)   either:

  (i)   is under 18; or

  (ii)   is 18, 19 or 20 and is dependent on the person for:

  (A)   financial and psychological support; or

  (B)   physical support.

  (6)   In this section:

"act" means an act connected with performing functions or exercising powers under or for the purposes of this Act.


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