Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 (90 of 2018)

Schedule 1   Amendments

Part 2   Review of decisions relating to certain visas

Migration Act 1958

4   Paragraph 338(2)(d)

Repeal the paragraph, substitute:

(d) if the visa is a temporary visa of a kind (however described) prescribed for the purposes of this paragraph:

(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 the regulations; or

(ii) a review of a decision under section 140E not to approve the sponsor of the non-citizen is pending at the time the decision to refuse to grant the visa is made; or

(iii) a review of a decision under section 140GB not to approve the nomination of the non-citizen is pending at the time the decision to refuse to grant the visa is made; or

(iv) 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 the regulations - the non-citizen is, at the time the decision to refuse to grant the visa is made, sponsored by an approved sponsor.