Record a request for further visa information and the regard duty
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the invitation the lawyer marks, copy whether it is oral or written and the way it specifies for giving additional information. Record that, in considering a visa application, the Minister may get any information the Minister considers relevant and, if the Minister gets such information, must have regard to it in deciding whether to grant or refuse the visa. Do not decide that any information is relevant. Do not draft the additional information. Do not treat the invitation as an invitation to comment on adverse information.
- What the lawyer must review
- The lawyer decides what is sent and whether the Minister has had regard to information that was got. Section 56(1) of the Migration Act 1958 (Cth) is the power to get information and the duty to have regard to it. Subsection (2) says that, without limiting subsection (1), the Minister may invite the applicant, orally or in writing, to give additional information in a specified way. This is not the duty to give particulars of adverse information and invite comment. That duty is a separate task. The tool does not draft the additional information and does not build a response checklist.
- 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 invitation the lawyer marks, copy whether it is oral or written and the way it specifies for giving additional information. Record that, in considering a visa application, the Minister may get any information the Minister considers relevant and, if the Minister gets such information, must have regard to it in deciding whether to grant or refuse the visa. Do not decide that any information is relevant. Do not draft the additional information. Do not treat the invitation as an invitation to comment on adverse information. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Copy the specified way. Do not invent a deadline. The section states none.
- Do not decide that information is relevant.
- Do not draft the additional information.
- Do not use this note for an invitation to comment on adverse information.
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.