(a) applications for a visa of a specified class; or
(b) applications in specified circumstances; or
(c) applicants in a specified class of persons; or
(d) applicants in a specified class of persons in specified circumstances.
62 Failure to receive information does not require action
(1) If an applicant for a visa:
(a) is invited to give additional information; and
(b) does not give the information before the time for giving it has passed;
the Minister may make a decision to grant or refuse to grant the visa without taking any action to obtain the additional information.
(2) If an applicant for a visa:
(a) is invited to comment on information; and
(b) does not give the comments before the time for giving them has passed;
the Minister may make a decision to grant or refuse to grant the visa without taking any further action to obtain the applicant’s views on the information.
63 When decision about visa may be made
(1) Subject to sections 39 (criterion limiting number of visas), 57 (give applicant information), 84 (no further processing), 86 (effect of limit on visas) and 94 (put aside under points system) and subsections (2) and (3) of this section, the Minister may grant or refuse to grant a visa at any time after the application has been made.
(2) The Minister is not to refuse to grant a visa after inviting the applicant to give information and before whichever of the following happens first:
(a) the information is given;
(b) the applicant tells the Minister that the applicant does not wish to give the information or does not have it;
(c) the time in which the information may be given ends.
(3) The Minister is not to refuse to grant a visa after inviting the applicant to comment on information and before whichever of the following happens first:
(a) the comments are given;
(b) the applicant tells the Minister that the applicant does not wish to comment;
(c) the time in which the comments are to be given ends.
(4) The Minister is not to refuse to grant a visa after giving a notice under section 64 and before whichever of the following happens first:
(a) the applicant pays the visa application charge; or
(b) the applicant tells the Minister that the applicant does not intend to pay the visa application charge; or
(c) the end of the period set out in the notice.
64 Notice that visa application charge is payable
(1) This section applies to a valid application for a visa if the Minister, after considering the application, has made an assessment that:
(a) the health criteria for it (if any) have been satisfied; and
(b) the other criteria for it, prescribed by this Act or the regulations, have been satisfied.
(2) If this section applies and an amount of visa application charge is unpaid, the Minister must give the applicant written notice stating that:
(a) an amount of visa application charge is payable within the prescribed period; and
(b) subject to the regulations providing otherwise, a visa cannot be granted unless that amount is paid; and
(c) the Minister may refuse to grant the visa unless that amount is paid within the prescribed period.
(3) If, in accordance with the regulations, 2 or more non‑citizens apply for a visa together, the Minister may give notices under this section in the same document.
Subdivision AC—Grant of visas
65 Decision to grant or refuse to grant visa
(1) Subject to sections 84 and 86, after considering a valid application for a visa, the Minister:
(a) if satisfied that:
(i) the health criteria for it (if any) have been satisfied; and
(ii) the other criteria for it prescribed by this Act or the regulations have been satisfied; and
(iii) the grant of the visa is not prevented by section 40 (circumstances when granted), 91W (evidence of identity and bogus documents), 91WA (bogus documents and destroying identity documents), 91WB (applications for protection visas by members of same family unit), 500A (refusal or cancellation of temporary safe haven visas), 501 (special power to refuse or cancel) or any other provision of this Act or of any other law of the Commonwealth; and
(iv) any amount of visa application charge payable in relation to the application has been paid;
is to grant the visa; or
(b) if not so satisfied, is to refuse to grant the visa.
Note 1: Section 84 allows the Minister to suspend the processing of applications for visas of a kind specified in a determination made under that section. Section 86 prevents the Minister from granting a visa of a kind specified in a determination under section 85 if the number of such visas granted in a specified financial year has reached a specified maximum number.
Note 2: See also section 195A, under which the Minister has a non‑compellable power to grant a visa to a person in detention under section 189 (whether or not the person has applied for the visa). Subdivision AA, this Subdivision, Subdivision AF and the regulations do not apply to the Minister’s power under that section.
(2) To avoid doubt, an application put aside under section 94 is not taken for the purposes of subsection (1) to have been considered until it has been removed from the pool under subsection 95(3).
66 Notification of decision
(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.
67 Grant and refusal of visa—how and when
(1) The following decisions are taken to be made by the Minister causing a record to be made of the decision:
(a) a decision to grant a visa;
(b) a decision to refuse to grant a visa.
(2) The record must state the day and time of its making.
(3) The decision is taken to have been made on the day and at the time the record is made.
(4) The Minister has no power to vary or revoke the decision after the day and time the record is made.
(5) Failure to comply with subsection (2) does not affect the validity of the decision or the operation of subsection (4).
68 When visa is in effect
(1) Subject to subsection (2), a visa has effect as soon as it is granted.
(2) A visa may provide that it comes into effect at the beginning of a day, being a day after its grant:
(a) specified in the visa; or
(b) when an event, specified in the visa, happens.
(3) A visa can only be in effect during the visa period for the visa.
Note: A visa that has ceased to be in effect under section 84E may come into effect again under that section during the visa period for the visa.
(4) A bridging visa (the reactivated bridging visa), held by a non‑citizen, that has ceased to be in effect under subsection 82(3), will come into effect again during the visa period for the visa if:
(a) the non‑citizen does not hold a substantive visa that is in effect; and
(b) either:
(i) the non‑citizen does not hold any other bridging visa; or
(ii) the reactivated bridging visa is determined, in accordance with the regulations, to be the most beneficial of the bridging visas held by the applicant.
(5) Subsection (4) does not apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) for a non‑citizen that ceases to be in effect under subsection 82(3) if the first visa ceases to be in effect under subsection 82(3) because another Subclass 070 (Bridging (Removal Pending)) visa for the non‑citizen comes into effect.
(6) For the purposes of subparagraph (b)(ii) of the definition of visa period in subsection 5(1), the first visa is to be taken to have ceased to be in effect otherwise than under subsection 82(3).
Note: This means that the visa period for the first visa ends when the second visa comes into effect.
69 Effect of compliance or non‑compliance
(1) Non‑compliance by the Minister with Subdivision AA or AB or section 494D in relation to a visa application does not mean that a decision to grant or refuse to grant the visa is not a valid decision but only means that the decision might have been the wrong one and might be set aside if reviewed.
(2) If the Minister deals with a visa application in a way that complies with Subdivision AA, AB and this Subdivision, the Minister is not required to take any other action in dealing with it.
Subdivision AF—Bridging visas
72 Interpretation
(1) In this Subdivision:
eligible non‑citizen means a non‑citizen who:
(a) has been immigration cleared; or
(b) is in a prescribed class of persons; or
(c) the Minister has determined to be an eligible non‑citizen.
(2) The Minister may make a determination under paragraph (1)(c) that a non‑citizen is an eligible non‑citizen if:
(a) the non‑citizen was an unlawful non‑citizen when he or she entered the migration zone; and
(b) the non‑citizen made a valid application for a protection visa after he or she arrived in Australia; and
(c) the non‑citizen has been in immigration detention for a period of more than 6 months after the application for a protection visa was made; and
(d) the Minister has not made a primary decision in relation to the application for a protection visa; and
(e) the Minister thinks that the determination would be in the public interest.
(3) The power to make a determination under paragraph (1)(c) may only be exercised by the Minister personally.
(4) If the Minister makes a determination under paragraph (1)(c), he or she is to cause to be laid before each House of the Parliament a statement that:
(a) sets out the determination; and
(b) sets out the reasons for the determination, referring in particular to the Minister’s reasons for thinking that his or her actions are in the public interest.
(5) A statement made under subsection (4) is not to include:
(a) the name of any non‑citizen who is the subject of the determination; or
(b) any information that may identify the non‑citizen; or
(c) if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person, or any information that may identify the person.
(6) A statement under subsection (4) is to be laid before each House of the Parliament within 15 sitting days of that House after:
(a) if the determination is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or
(b) if the determination is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.
(7) The Minister does not have a duty to consider whether to make a determination under paragraph (1)(c) in respect of any non‑citizen, whether he or she is requested to do so by the non‑citizen or any other person, or in any other circumstances.
73 Bridging visas
If the Minister is satisfied that an eligible non‑citizen satisfies the criteria for a bridging visa as prescribed under subsection 31(3), the Minister may grant a bridging visa permitting the non‑citizen to remain in, or to travel to, enter and remain in Australia:
(a) during a specified period; or
(b) until a specified event happens.
Note: A bridging visa may be granted to an eligible non‑citizen on application, or without an application, made by the eligible non‑citizen (see section 45).
74 Further applications for bridging visa
(1) Subject to subsection (2), if:
(a) an eligible non‑citizen who is in immigration detention makes an application for a bridging visa; and
(b) the Minister refuses to grant the visa;
the eligible non‑citizen may make a further application for a bridging visa.
(2) Unless the further application for a bridging visa is made in prescribed circumstances, the further application may be made not earlier than 30 days after:
(a) if the eligible non‑citizen did not make an application for review of the decision to refuse to grant the visa—the refusal; or
(b) if the eligible non‑citizen made an application for such review—the application is finally determined.
75 When eligible non‑citizen in immigration detention granted visa
(1) If:
(a) an eligible non‑citizen who is in immigration detention makes an application for a bridging visa of a prescribed class; and
(b) the Minister does not make a decision, within the prescribed period, to grant or refuse to grant the bridging visa;
the non‑citizen is taken to have been granted a bridging visa of the prescribed class on prescribed conditions (if any) at the end of that period.
(2) The period in subsection (1) may be extended in relation to a particular application by agreement between the applicant and the Minister.
76 Bridging visa not affect visa applications
(1) The fact that a non‑citizen holds a bridging visa does not prevent or affect:
(a) an application by the non‑citizen for a visa of another class; or
(b) the grant of such a visa.
(2) To avoid doubt, the holding by a non‑citizen of a bridging visa is not to be taken to be, for the purposes of an application for a visa of another class, the holding of a visa.
76AAA Cessation of certain bridging visas—holder has permission to enter and remain in another country
(1) This section applies in relation to a non‑citizen if:
(a) the non‑citizen holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the non‑citizen has permission (however described), granted by a foreign country, to enter and remain in that country; and
(c) the foreign country is a party to a third country reception arrangement (within the meaning of section 198AHB) that is in force; and
(d) none of the following apply:
(i) the non‑citizen has made a valid application for a protection visa that has not been finally determined;
(ii) the non‑citizen could not be removed to the foreign country because of subsection 197C(3) if the non‑citizen were an unlawful non‑citizen;
(iii) the non‑citizen is a child under 18.
Note: The rules of natural justice do not apply in relation to third country reception arrangements: see section 198AHAA.
(2) The Minister must give the non‑citizen notice that this section applies in relation to the non‑citizen.
(3) The notice:
(a) must be given as soon as reasonably practicable after this section starts to apply in relation to the non‑citizen; and
(b) may be given orally or in writing.
(4) Despite any other provision of this Act or the regulations, the visa ceases to be in effect immediately after:
(a) if the notice is given by a method specified in section 494B—the non‑citizen is taken to have received the notice; or
(b) otherwise—the non‑citizen receives the notice.
Note 1: If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method.
Note 2: The visa period for the visa ends when it ceases to be in effect under this subsection.
(5) The rules of natural justice do not apply to the giving of a notice under subsection (2).
(6) For the purposes of paragraph (1)(b), a permission to enter the foreign country may be unconditional or a permission to enter that is subject to the non‑citizen doing one or more things required by the foreign country that the non‑citizen is capable of doing before entering the country.
(7) If:
(a) notice (the earlier notice) is given to a non‑citizen under subsection (2) (including under a previous application of this subsection); and
(b) the non‑citizen is subsequently granted another Subclass 070 (Bridging (Removal Pending)) visa (the later visa); and
(c) this section starts to apply in relation to the non‑citizen after the later visa is granted;
the Minister must give further notice under subsection (2) to the non‑citizen.
(8) For the purposes of paragraph (7)(c):
(a) the country in relation to which paragraph (1)(b) is satisfied may be the same as, or different from, the country in relation to which paragraph (1)(b) was satisfied for the earlier notice; but
(b) the permission in relation to which paragraph (1)(b) is satisfied must be granted after the granting of the later visa.