(g) that the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and its agencies, and that the person has a right under that Act to seek access to that information or those documents under that Act, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.
(3) The person may be informed of the matters in writing or orally.
(4) The manner in which the person is informed of the matters need not involve an officer or authorised officer informing the person of the matters.
Division 3.4—Identification of immigration detainees
3.30 Immigration detainees must provide personal identifiers
(1) For subsection 261AA(1) of the Act, a circumstance is that the non‑citizen is in the company of, and restrained by:
(a) an officer; or
(b) in the case of a particular non‑citizen—another person directed by the Secretary to accompany and restrain the non‑citizen.
(2) For subsection 261AA(1) of the Act, a circumstance is that each of the following applies:
(a) immediately before being detained in immigration detention, the non‑citizen was detained under:
(i) the Environment Protection and Biodiversity Conservation Act 1999;
(ii) the Fisheries Management Act 1991;
(iii) the Torres Strait Fisheries Act 1984;
(b) the non‑citizen has provided a personal identifier or personal identifiers in accordance with the relevant Act in subparagraph (a)(i), (ii) or (iii).
(3) Subregulation (2) applies to the provision of a personal identifier only if:
(a) an authorised officer is satisfied that the personal identifier that has been provided is usable for a particular purpose set out in subsection 5A(3) of the Act; and
(b) the authorised officer is satisfied about the integrity of the personal identifier; and
(c) the authorised officer is satisfied that no further personal identifiers need to be collected from the non‑citizen to satisfy the purpose.
(4) For paragraph 261AA(1A)(e) of the Act, an iris scan is prescribed.
Note: Under subsection 261AA(1) of the Act, a non‑citizen who is in immigration detention must (other than in the prescribed circumstances) provide to an authorised officer one or more personal identifiers. Personal identifiers are mentioned in subsection 261AA(1A) of the Act, and include any prescribed personal identifiers.
3.31 Authorised officers must require and carry out identification tests
For paragraph 261AB(1)(a) of the Act, the types of personal identifiers are as follows:
(a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);
(b) a measurement of the non‑citizen’s height and weight;
(c) a photograph or other image of the non‑citizen’s face;
(d) the non‑citizen’s signature.
Part 4—Review of decisions—reviewable migration and protection decisions
Division 4.1A—Preliminary
4.01 Interpretation
Expressions used in this Part, other than nominated and sponsored, have the same respective meanings as in Part 5 of the Act.
Division 4.1—Review of reviewable migration decisions
4.01A Application of this Division
This Division applies in relation to the review of reviewable migration decisions.
Note: The review of reviewable protection decisions is dealt with in Division 4.2.
4.02 Reviewable migration decisions and who may apply for review
(1A) For paragraph 338(2)(d) of the Act, the following visas are prescribed:
(a) a Subclass 401 (Temporary Work (Long Stay Activity)) visa;
(aa) a Subclass 402 (Training and Research) visa;
(b) a Subclass 407 (Training) visa;
(c) a Subclass 416 (Special Program) visa;
(e) a Subclass 420 (Entertainment) visa;
(k) a Subclass 457 (Temporary Work (Skilled)) visa;
(ka) a Subclass 482 (Temporary Skill Shortage) visa;
(kb) a Subclass 482 (Skills in Demand) visa;
(l) a Subclass 488 (Superyacht Crew) visa;
(la) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
(m) a Subclass 870 (Sponsored Parent (Temporary)) visa.
(4) For subsection 338(9) of the Act, each of the following decisions is a reviewable migration decision:
(a) a decision under subsection 140E(1) or (1A) of the Act to refuse a person’s application for approval as a work sponsor or family sponsor in relation to a class of sponsor;
(d) a decision under subsection 140GB(2) of the Act to refuse to approve a nomination;
(e) a decision under regulation 5.19 to refuse an application for approval of the nomination of a position;
(f) a decision that:
(i) relates to requiring a security; and
(ii) relates to the refusal to grant a visa, being a visa for which the Minister is to have regard to a criterion to the effect that if an authorised officer has required a security for compliance with any conditions that the officer has indicated to the applicant will be imposed on the visa if it is granted, the security has been lodged;
(h) a decision under section 140M of the Act to take one or more actions to cancel an approved sponsor’s approval or to bar an approved sponsor;
(j) a decision to refuse to grant a Subclass 173 (Contributory Parent (Temporary)) visa to a contributory parent newborn child;
(k) a decision to refuse to grant a Subclass 884 (Contributory Aged Parent (Temporary)) visa to a contributory parent newborn child;
(l) a decision to refuse to grant a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa to a non‑citizen who is outside Australia at the time of application if:
(i) the non‑citizen is, at the time the decision to refuse to grant the visa is made, identified in an approved nomination that has not ceased under regulation 2.75 or 2.75B and the nominator was, at the time the nomination was approved, a person, body, company or partnership referred to in subregulation (4AA); or
(ii) a review of a decision under section 140E of the Act not to approve the proposed work sponsor of the non‑citizen is pending at the time the decision to refuse to grant the visa is made and the proposed work sponsor was, at the time the decision under section 140E was made, a person, body, company or partnership referred to in subregulation (4AA); or
(iii) a review of a decision under section 140GB of the Act not to approve the nomination of the non‑citizen is pending at the time the decision to refuse to grant the visa is made and the nominator was, at the time the decision under section 140GB was made, a person, body, company or partnership referred to in subregulation (4AA); or
(iv) the non‑citizen did not seek to satisfy the primary criteria for the grant of the visa, and the grant of the visa was refused because the non‑citizen did not satisfy the secondary criteria for the grant of the visa;
(la) a decision to refuse to grant a Subclass 489 (Skilled—Regional (Provisional)) visa or a Subclass 491 (Skilled Work Regional (Provisional)) visa to a non‑citizen if:
(i) the non‑citizen is outside Australia at the time of application; and
(ii) the non‑citizen was sponsored or nominated, as required by a criterion for the grant of the visa, by a person, body, company or partnership referred to in subregulation (4AA);
(m) a decision under subregulation 1.20AA(2) to refuse to approve a person or an organisation as a sponsor of a temporary visa applicant;
(n) a decision under subsection 140GA(2) of the Act not to vary a term specified in an approval;
(o) a decision to refuse to grant a Subclass 407 (Training) visa to a non‑citizen who is outside Australia at the time of application if:
(i) the non‑citizen is, at the time the decision to refuse to grant the visa is made, identified in an approved nomination that has not ceased under regulation 2.75A and the nominator was, at the time the nomination was approved, a person, body, company or partnership referred to subregulation (4AA); or
(ii) a review of a decision under section 140E of the Act not to approve the proposed sponsor of the non‑citizen is pending at the time the decision to refuse to grant the visa is made and the proposed sponsor was, at the time the decision under section 140E was made, a person, body, company or partnership referred to in subregulation (4AA); or
(iii) a review of a decision under section 140GB of the Act not to approve the nomination of the non‑citizen is pending at the time the decision to refuse to grant the visa is made and the nominator was, at the time the decision under section 140GB was made, a person, body, company or partnership referred to in subregulation (4AA); or
(iv) the non‑citizen did not seek to satisfy the primary criteria for the grant of the visa, and the grant of the visa was refused because the non‑citizen did not satisfy the secondary criteria for the grant of the visa; or
(v) except if it is a criterion for the grant of the visa that the non‑citizen is identified in an approved nomination that has not ceased under regulation 2.75A—the non‑citizen is, at the time the decision to refuse to grant the visa is made, sponsored by an approved work sponsor and that sponsor is, at that time, a Commonwealth agency;
(p) a decision to refuse to grant a Subclass 408 (Temporary Activity) visa to a non‑citizen, if:
(i) the non‑citizen was outside Australia at the time of application; and
(ii) the non‑citizen was sponsored, as referred to in paragraph (a) of the definition of passes the sponsorship test in clause 408.111 of Schedule 2, by a person, body, company or partnership referred to in subregulation (4AA);
(q) a decision to refuse to grant a visa prescribed under subregulation (1A) to a non‑citizen if:
(i) the non‑citizen did not seek to satisfy the primary criteria for the grant of the visa, and the grant of the visa was refused because the non‑citizen did not satisfy the secondary criteria for the visa; and
(ii) the requirements of paragraphs 338(2)(a) to (c) of the Act are met in relation to the non‑citizen and the visa;
(r) a decision to refuse to grant a Subclass 870 (Sponsored Parent (Temporary)) visa to a non‑citizen if the non‑citizen:
(i) is outside Australia at the time of application; and
(ii) is sponsored by a parent sponsor at the time the decision to refuse to grant the visa is made;
(s) a decision to refuse to grant a Subclass 300 (Prospective Marriage) visa;
(saa) a decision to refuse to grant a Subclass 309 (Partner (Provisional)) visa;
(sa) a decision made after the commencement of this paragraph to refuse to grant a Subclass 445 (Dependent Child) visa if the visa was applied for by an applicant who was outside Australia when the application was made;
(t) a decision made after 23 March 2021 to refuse to grant a Subclass 173 (Contributory Parent (Temporary)) visa to a non‑citizen (other than a contributory parent newborn child) if:
(i) the application for the visa was made before 24 March 2021; and
(ii) the non‑citizen was in Australia on 24 March 2021; and
(iii) the decision is made before the end of the concession period described in subregulation 1.15N(1); and
(iv) the non‑citizen is in Australia when the decision is made;
(u) a decision not to approve for the purposes of condition 8208 a visa holder undertaking critical technology related study (within the meaning of that condition).
(4AA) For the purposes of subparagraphs 4.02(4)(l), (la), (o) and (p), the nominator or sponsor must be:
(a) an Australian citizen; or
(b) a company that operates in the migration zone; or
(c) a partnership that operates in the migration zone; or
(d) the holder of a permanent visa; or
(e) a New Zealand citizen who holds a special category visa; or
(f) a Commonwealth agency; or
(g) a State or Territory government agency.
(4A) For the purposes of paragraph (4)(a), the decision is not a reviewable migration decision if:
(a) the decision relates to a person whose application for approval as an approved work sponsor in relation to the standard business sponsor class has been refused; and
(b) in making the decision, the Minister did not consider the criterion at paragraph 2.59(f).
Note: The Minister is required to consider the criterion at paragraph 2.59(f) only if the applicant is lawfully operating a business in Australia.
(4B) For the purposes of paragraphs (4)(d) and (h), the decision is not a reviewable migration decision if:
(a) the decision relates to a person who is:
(i) a standard business sponsor; or
(ii) a former standard business sponsor; and
(b) either:
(i) in making the decision under subsection 140E(1) of the Act (whether to approve the person as a standard business sponsor), the Minister did not consider the criterion at paragraph 2.59(f); or
(ii) if a term of the approval of the person as a standard business sponsor has been varied—in making the decision under subsection 140GA(2) of the Act (whether to vary the terms of approval), the Minister did not consider the criterion at paragraph 2.68(g) (as in force before 18 March 2018).
Note: The Minister is required to consider the criterion at paragraph 2.59(f) or 2.68(g) only if the applicant is lawfully operating a business in Australia.
(5) For the purposes of paragraph 347A(1)(d) of the Act, an application for review of a decision mentioned in subregulation (4) may only be made by the following:
(a) in the case of a decision mentioned in paragraph (4)(a)—a person to whose application the decision relates;
(c) in the case of a decision mentioned in paragraph (4)(d)—the person who made the nomination;
(d) in the case of a decision mentioned in paragraph (4)(e)—the person to whose nomination of a position the decision relates;
(e) in the case of a decision to which paragraph (4)(f) applies—the non‑citizen in relation to whom the decision is made;
(g) in the case of a decision mentioned in paragraph (4)(h)—the person whose approval is cancelled or who has been barred;
(h) in the case of a decision to which paragraph (4)(j) applies—the sponsor of the contributory parent newborn child;
(i) in the case of a decision to which paragraph (4)(k) applies—the applicant;
(k) in the case of a decision to which paragraph (4)(l) relates—the person who applied to become the sponsor or who nominated the non‑citizen;
(ka) in the case of a decision to which paragraph (4)(la) relates—the sponsor or nominator;
(l) in the case of a decision to which paragraph (4)(m) applies—the person or organisation to whose approval the decision relates;
(m) in the case of a decision to which paragraph (4)(n) applies—the approved sponsor who applied for a variation of the term;
(n) in the case of a decision to which paragraph (4)(o) applies—the person who applied to become the sponsor or who nominated the non‑citizen;
(o) in the case of a decision to which paragraph (4)(p) applies—the sponsor;
(p) in the case of a decision to which paragraph (4)(q) applies—a person to whose application the decision relates;
(q) in the case of a decision to which paragraph (4)(r) applies—the parent sponsor;
(r) in the case of a decision to which paragraph (4)(s) applies—the sponsor;
(raa) in the case of a decision to which paragraph (4)(saa) applies—the applicant;
(ra) in the case of a decision to which paragraph (4)(sa) applies—the sponsor;
(s) in the case of a decision to which paragraph (4)(t) applies—the sponsor;
(t) in the case of a decision to which paragraph (4)(u) applies—the visa holder.
4.12 Combined applications for ART review
(2) If:
(a) 2 or more applicants have combined their primary applications in Australia in a way permitted by Schedule 1 or regulation 2.08, 2.08A or 2.08B; and
(b) the Minister’s decisions in respect of 2 or more of those applicants are that a visa not be granted; and
(c) the Minister’s decisions are reviewable migration decisions;
the applicants referred to in paragraph (b) may combine their applications for review by the ART of the Minister’s decisions.
(4) If:
(a) a person has nominated or sponsored 2 or more members of a family unit in respect of their primary applications for visas of a kind referred to in subsection 338(5) of the Act; and
(b) the Minister’s decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and
(c) the Minister’s decisions are reviewable migration decisions;
the nominator or sponsor may combine his or her applications for review by the ART of the Minister’s decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.
(5) If a person applies for review by the ART of:
(a) a decision to which paragraph 4.02(4)(f) applies; and
(b) a decision to refuse to grant the visa mentioned in subparagraph 4.02(4)(f)(ii) that is a reviewable migration decision;
the applications for review by the ART of the decisions are taken to be combined.
(6) If:
(a) 2 or more visa applicants have combined their primary applications, in a way permitted by Schedule 1 or regulation 2.08, 2.08A or 2.08B, for visas of a kind referred to in subsection 338(6) or (7) of the Act; and
(b) the Minister’s decisions in respect of 2 or more of those visa applicants are that visas not be granted; and
(c) the Minister’s decisions are reviewable migration decisions;
the Australian citizen or Australian permanent resident who is a parent, spouse, de facto partner, child, brother or sister of the visa applicants may combine his or her applications for review by the ART of the Minister’s decisions in respect of each of those visa applicants to whom the Minister refused to grant a visa.
4.12A Prescribed information and documents for review applications
(1) This regulation is made for the purposes of subsection 347(2) of the Act.