Check a visa-refusal notice against the matters it must contain
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the refusal notice the lawyer supplies, record whether it specifies a criterion the applicant did not satisfy, whether it specifies a provision that prevented the grant, whether it gives written reasons other than non-disclosable information, and, if it says the decision can be reviewed by application under Part 5 or section 500, whether it states that the decision can be reviewed, the time in which the review application may be made, who can apply, and where the application can be made. Quote the words that are there and leave a gap where a matter is absent. Do not decide that the notice meets the section. Do not calculate the time it states.
- What the lawyer must review
- The lawyer decides whether the notice meets section 66 of the Migration Act 1958 (Cth) and what follows from a gap. Subsection (1) says that when the Minister grants or refuses a visa, the applicant is notified in the prescribed way. The prescribed way was not opened. Subsection (2) says a refusal notification must specify the failed criterion, specify any preventing provision, give written reasons other than non-disclosable information unless subsection (3) applies, and, if the applicant has a right of review under Part 5 or section 500, state the four review matters. Subsection (3) applies if the visa cannot be granted while the applicant is in the migration zone and the Act does not provide, under Part 5, for review of the refusal. Subsection (4) says failure to give notification does not affect the validity of the decision. Subsection (5) says the section does not apply to a decision under section 501, 501A, 501B or 501F to refuse a visa. The note points to sections 501C and 501G for notification of those decisions. Those sections were not opened. Subsections (6) and (7) say section 267 of the ART Act, about regard to rules when giving notice, does not apply to notifications under this section, and section 268 of the ART Act, about requesting reasons for a reviewable decision, does not apply to a decision to refuse a visa. This task does not apply either ART Act section, and it does not calculate a review period.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the refusal notice the lawyer supplies, record whether it specifies a criterion the applicant did not satisfy, whether it specifies a provision that prevented the grant, whether it gives written reasons other than non-disclosable information, and, if it says the decision can be reviewed by application under Part 5 or section 500, whether it states that the decision can be reviewed, the time in which the review application may be made, who can apply, and where the application can be made. Quote the words that are there and leave a gap where a matter is absent. Do not decide that the notice meets the section. Do not calculate the time it states. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Quote the notice. Do not supply a criterion or a provision that the notice does not state.
- Do not decide that subsection (3) or subsection (5) applies.
- Do not treat a missing notice as making the decision invalid. Subsection (4) says the opposite.
- Do not calculate the review time printed in the notice.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.