(ii) meets any other requirements specified by the Minister under subregulation (7) in relation to that kind of visa and that kind of valid passport; and
(c) the application is made:
(i) using an approved form specified by the Minister under subregulation (7) in relation to that kind of visa and that kind of valid passport; and
(ii) in a way specified by the Minister under subregulation (7) in relation to that kind of visa, that kind of valid passport and that approved form.
(3) The request must be made:
(a) as permitted by subregulation (4); or
(b) in a form approved by the Minister under regulation 1.18 for the purposes of this paragraph.
(4) If the approved form for the application enables the making of the request, the request may be made as enabled by the approved form.
(5) A request made as mentioned in paragraph (3)(b) must be made:
(a) using an approved form specified by the Minister under subregulation (7) in relation to the kind of visa applied for and the kind of valid passport held by the applicant; and
(b) in a way specified by the Minister under subregulation (7) in relation to that kind of visa, that kind of valid passport and that approved form.
(6) The fee for the request prescribed under regulation 2.12N must be paid in accordance with that regulation.
(7) The Minister may, by legislative instrument, specify matters for subregulations (2) and (5).
(8) The legislative instrument may specify different matters for different classes of applicant.
2.12N Fee for request for priority consideration of visa applications
(1) The fee for a request for priority consideration of a visa application under regulation 2.12M is $1 000.
(2) The fee must be paid to the Commonwealth at, or before, the time the request is made.
(3) If the request is made on the internet (whether the request is made in the approved form for the application or made separately), the fee must be paid by:
(a) credit card, in accordance with the instructions given to the applicant as part of making the request; or
(b) funds transfer, in accordance with the instructions given to the applicant as part of making the request; or
(c) the Paypal system, in accordance with the instructions given to the applicant as part of making the request.
2.12P Refund of fee for request for priority consideration of visa applications
(1) The Minister must refund the fee for a request for priority consideration of a visa application if the Minister decides, under regulation 2.12F, to refund the visa application charge paid in relation to that application.
(2) The refund under this regulation must be paid to the person who paid the fee.
(3) A refund under this regulation may be paid:
(a) in Australian currency; or
(b) if the amount of the fee in respect of which the refund is being paid was paid in another currency, in that other currency.
Division 2.3—Communication between applicant and Minister
2.13 Communication with Minister
(1) For the purposes of section 52 of the Act (which deals with the way in which an applicant or interested person must communicate with the Minister), an applicant or interested person must communicate with the Minister about a visa application in the way provided by this regulation.
(2) Except as provided by subregulation (3), the communication must be in writing.
(3) The communication may be oral if it is:
(a) a communication about an application for a bridging visa; or
(b) an enquiry about the stage reached in the consideration of a visa application; or
(c) an oral application; or
(d) a communication about an application for an Electronic Travel Authority (Class UD) visa.
(4) A written communication must include:
(a) the applicant’s full name, as set out in the application; and
(b) the applicant’s date of birth; and
(c) one of the following:
(i) the applicant’s client number;
(ii) the Immigration file number;
(iii) the number of the receipt issued by Immigration when the visa application was made; and
(d) if the application was made outside Australia, the name of the office at which the application was given to the Minister.
(5) Subject to subregulation (6), a document accompanying a written communication must be:
(a) the original; or
(b) a copy of the original 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) a registered migration agent whose registration is not:
(A) suspended; or
(B) subject to a caution; or
(v) if the copy is certified in a place outside Australia:
(A) a registered migration agent mentioned in subparagraph (iv); or
(B) a person who is the equivalent of a Justice of the Peace or Commissioner for Declarations in that place.
Note: Section 303 of the Act provides that the Migration Agents Registration Authority may suspend the registration of a registered migration agent or caution him or her. If a registered migration agent is subject to a suspension of his or her registration, or a caution, particulars of the suspension or caution are shown on the Register of Migration Agents: subsection 287(2) of the Act. These particulars must be removed once the suspension or caution is no longer in effect: subsection 287(5) of the Act.
(6) If an applicant (other than an applicant for a Visitor (Class TV) visa) or interested person is required or permitted to produce a document in connection with the visa application, the document and the written communication that accompanies it may be in the form of an electronic communication only if:
(a) the document is in a class of documents specified in a legislative instrument made by the Minister as documents that may be sent by electronic communication; or
(b) the Minister has permitted the applicant or interested person to send the document by electronic communication.
(7) For subregulation (6), if the Minister requires an applicant or interested person to give the Minister the original of a document that has already been given by electronic communication:
(a) the giving of the original, otherwise than by electronic communication, is a prescribed way of communication; and
(b) subregulation (5) applies to the original of the document.
(8) An applicant for a Visitor (Class TV) visa must communicate with the Minister about the application:
(a) by electronic communication; or
(b) in another form permitted by the Minister.
Note: This regulation is subject to sections 56 and 58 of the Act, which provide that the Minister may specify the way in which additional information or comments about an application may be given by an applicant. If the Minister specifies a way in which further information or comments must be given for the purposes of either of those sections, the information or comments must be given in that way. Regulation 2.13 then does not apply.
2.14 Where written communication must be sent
For the purposes of section 52 of the Act (which deals with the way in which an applicant or interested person must communicate with the Minister), a written communication to the Minister about an application must be sent to or left at:
(a) the office at which the application was given to the Minister; or
(b) if the Minister has notified the applicant in writing of another office in substitution for that office—that other office.
2.15 Response to invitation to give additional information or comments—prescribed periods
(1) For the purposes of subsection 58(2) of the Act (which deals with invitations to give additional information or comments), and subject to subregulation (2), the prescribed period for giving additional information or comments in response to an invitation is:
(a) in the case of an application for a substantive visa that was made by an applicant who is in immigration detention—5 days after the applicant is notified of the invitation; or
(b) in the case of an application made by a person who is in Australia, other than a person referred to in paragraph (a):
(i) if the invitation is given at an interview—7 days after the interview; or
(ia) if the invitation is given in a telephone conversation—7 days after the invitation is given; or
(ii) if the invitation is given otherwise than in a way mentioned in subparagraph (i) or (ia):
(A) in the case of an application for a Subclass 600 (Visitor) visa or a Medical Treatment (Visitor) (Class UB) visa—7 days after the applicant is notified of the invitation; or
(C) in any other case—28 days after the applicant is notified of the invitation; or
(d) in the case of an application made by an applicant for a Visitor (Class TV) visa:
(i) 7 days after the applicant is notified of the invitation; or
(ii) if the Minister so decides in the circumstances of the case—70 days after the applicant is notified of the invitation.
(2) Subregulation (1) does not apply to a request for information or comments to be obtained from a third party regarding the following matters:
(a) the applicant’s health;
(b) the satisfaction by the applicant of public interest criteria;
(c) the satisfaction of criteria relating to the applicant’s capacity to communicate in English;
(d) assessment of the applicant’s skills or qualifications.
(3) For the purposes of paragraph 58(3)(b) of the Act (which deals with the time in which an interview is to take place), the prescribed period is:
(a) in the case of an application for a substantive visa that was made by an applicant who is in immigration detention—5 days after the applicant is notified of the invitation; or
(b) in the case of an application made by an applicant who is in Australia, other than a person referred to in paragraph (a):
(i) in the case of an application for a Subclass 600 (Visitor) visa or a Medical Treatment (Visitor) (Class UB) visa—7 days after the applicant is notified of the invitation; or
(iii) in any other case—28 days after the applicant is notified of the invitation; or
(c) in the case of an application made by an applicant who is not in Australia:
(i) 28 days; or
(ii) if the Minister so decides in the circumstances of the case—70 days;
after the applicant is notified of the invitation.
(4) For the purposes of subsection 58(4) or (5) of the Act (dealing with extending the period to respond to an invitation or attend for interview), the prescribed further period is:
(a) if the applicant is in immigration detention—5 days; or
(b) if the applicant is in Australia but is not in immigration detention—7 days; or
(c) if the applicant is not in Australia:
(i) 7 days; or
(ii) if the Minister so decides in the circumstances of the case—28 days;
after the applicant is notified of the invitation.
Note: If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.
2.16 Notification of decision on visa application
(1) For subsections 66(1) and 501G(3) of the Act (which deal with giving notice of decisions), this regulation sets out the way of notifying a person of a decision to grant or refuse to grant a visa.
Grant of visa
(2) If the visa is a bridging visa granted at the same time as a substantive visa, the Minister must notify the applicant of the grant of the bridging visa by notifying the applicant of the grant of the substantive visa.
(2A) If the visa:
(a) is a special category visa; and
(b) has been granted using an authorised system in accordance with an arrangement made under subsection 495A(1) of the Act;
the Minister must notify the applicant of the grant of the visa by a general notice in immigration clearance.
(2D) If neither subregulation (2) nor subregulation (2A) applies, the Minister must notify the applicant of the grant of the visa by:
(a) telling the applicant orally that the visa has been granted; or
(b) notifying the applicant by one of the methods specified in section 494B of the Act.
Note: If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.
Refusal to grant visa
(3) The Minister must notify an applicant of a decision to refuse to grant a visa by one of the methods specified in section 494B of the Act.
Note: If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.
Division 2.5—Bridging visas
2.20 Eligible non‑citizen (Act, s 72)
(1) For the purposes of the definition of eligible non‑citizen in section 72 of the Act (which deals with persons eligible to be granted a bridging visa), the classes of persons described in subregulations (6) to (12) and (14) to (19) are prescribed.
(6) This subregulation applies to a non‑citizen who:
(a) either:
(i) bypassed immigration clearance on or after 1 September 1994 and has not subsequently been granted a substantive visa; or
(ii) entered Australia without authority before 1 September 1994 and has not subsequently been granted a substantive visa or entry permit; and
(d) has not come to the notice of Immigration as an illegal entrant or an unlawful non‑citizen within 45 days of entering Australia.
(6A) This subregulation applies to a non‑citizen who:
(a) last held a student visa that was cancelled under section 137J of the Act; and
(b) has been refused immigration clearance.
(7) This subregulation applies to a non‑citizen:
(a) who:
(i) was refused immigration clearance; or
(ii) bypassed immigration clearance and came to the notice of Immigration as an unlawful non‑citizen within 45 days of entering Australia; and
(b) if:
(i) the non‑citizen made a protection visa application that is not finally determined; or
(ii) the non‑citizen applied for judicial review of a decision to refuse a protection visa; or
(iii) the Minister has applied for judicial review of a decision in relation to the non‑citizen’s protection visa application; and
(c) who has not turned 18; and
(d) in respect of whom a child welfare authority of a State or Territory has certified that release from detention is in the best interests of the non‑citizen; and
(e) in respect of whom the Minister is satisfied that:
(i) arrangements have been made between the non‑citizen and an Australian citizen, Australian permanent resident or eligible New Zealand citizen for the care and welfare of the non‑citizen; and
(ii) those arrangements are in the best interests of the non‑citizen; and
(iii) the grant of a visa to the non‑citizen would not prejudice the rights and interests of any person who has, or may reasonably be expected to have, custody or guardianship of, or access to, the non‑citizen.
(8) This subregulation applies to a non‑citizen:
(a) who:
(i) was refused immigration clearance; or
(ii) bypassed immigration clearance and came to the notice of Immigration as an unlawful non‑citizen within 45 days of entering Australia; and
(b) if:
(i) the non‑citizen made a protection visa application that is not finally determined; or
(ii) the non‑citizen applied for judicial review of a decision to refuse a protection visa; or
(iii) the Minister has applied for judicial review of a decision in relation to the non‑citizen’s protection visa application; and
(c) who has turned 75; and
(d) in respect of whom the Minister is satisfied that adequate arrangements have been made for his or her support in the community.
(9) This subregulation applies to a non‑citizen:
(a) who:
(i) was refused immigration clearance; or
(ii) bypassed immigration clearance and came to the notice of Immigration as an unlawful non‑citizen within 45 days of entering Australia; and
(b) if:
(i) the non‑citizen made a protection visa application that is not finally determined; or
(ii) the non‑citizen applied for judicial review of a decision to refuse a protection visa; or
(iii) the Minister has applied for judicial review of a decision in relation to the non‑citizen’s protection visa application; and
(c) who has a special need (based on health or previous experience of torture or trauma) in respect of which a medical specialist appointed by Immigration has certified that the non‑citizen cannot properly be cared for in a detention environment; and
(d) in respect of whom the Minister is satisfied that adequate arrangements have been made for his or her support in the community.
(10) This subregulation applies to a non‑citizen:
(a) who:
(i) was refused immigration clearance; or
(ii) bypassed immigration clearance and came to the notice of Immigration as an unlawful non‑citizen within 45 days of entering Australia; and
(b) if:
(i) the non‑citizen made a protection visa application that is not finally determined; or
(ii) the non‑citizen applied for judicial review of a decision to refuse a protection visa; or
(iii) the Minister has applied for judicial review of a decision in relation to the non‑citizen’s substantive visa application; and
(c) who is the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen; and
(d) in relation to whom the Minister is satisfied that the non‑citizen’s relationship with that Australian citizen, Australian permanent resident or eligible New Zealand citizen is genuine and continuing; and
(e) who is nominated by that Australian citizen, Australian permanent resident or eligible New Zealand citizen.
(11) This subregulation applies to a non‑citizen who is a member of the family unit of a non‑citizen to whom subregulation (10) applies.
(11A) This subregulation applies to a non‑citizen if: