Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 3   Act-based visas

Part 1   Amendment of the Migration Act 1958

Division 1   Amendments

Migration Act 1958

7   After section 46

Insert:

46AA Visa applications, and the grant of visas, for some Act-based visas

Visa classes covered by this section

(1) The following classes of visas are covered by this section:

(a) special category visas (see section 32);

(b) permanent protection visas (see subsection 35A(2));

(c) temporary protection visas (see subsection 35A(3));

(d) bridging visas (see section 37);

(e) temporary safe haven visas (see section 37A);

(f) maritime crew visas (see section 38B).

Applications invalid if no prescribed criteria

(2) An application for a visa of any of the classes covered by this section is invalid if, when the application is made, both of the following conditions are satisfied:

(a) there are no regulations in effect prescribing criteria that must be satisfied for a visa of that particular class to be a valid application;

(b) there are no regulations in effect prescribing criteria that must be satisfied for a visa of that particular class to be granted.

Note: This subsection does not apply if regulations are in effect prescribing criteria mentioned in paragraph (a) or (b) (or both) for a visa.

(3) The criteria mentioned in subsection (2) do not include prescribed criteria that apply generally to visa applications or the granting of visas.

Example: The criteria mentioned in subsection (2) do not include the criteria set out in regulation 2.07 of the Migration Regulations 1994 (application for visa - general).

Criteria in the Act and the regulations

(4) If regulations are in effect prescribing criteria mentioned in paragraph (2)(a) or (b) (or both) for a visa of a class covered by this section:

(a) an application for the visa is invalid unless the application satisfies both:

(i) any applicable criteria under this Act that relate to applications for visas of that class; and

(ii) any applicable criteria prescribed by regulation that relate to applications for visas of that class; and

(b) the visa must not be granted unless the application satisfies both:

(i) any applicable criteria under this Act that relate to the grant of visas of that class; and

(ii) any applicable criteria prescribed by regulation that relate to the grant of visas of that class.

Note: For visa applications generally, see section 46. For the grant of a visa generally, see section 65.