---
title: "Record the conditions a visa application must meet to be valid"
url: "https://ailawframework.com/practice/immigration-and-migration-law/record-the-conditions-a-visa-application-must-meet-to-be-valid"
type: "task"
site: "AI Law Framework"
id: "A30-FL20261022-12"
practice_area: "Immigration & Migration Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record the conditions a visa application must meet to be valid

> On a checklist, leave a blank beside each condition in section 46(1): the application is for a visa of a class specified in it; it satisfies the criteria and requirements prescribed under the section;…

Canonical page: https://ailawframework.com/practice/immigration-and-migration-law/record-the-conditions-a-visa-application-must-meet-to-be-valid  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Immigration & Migration Law](https://ailawframework.com/practice/immigration-and-migration-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | On a checklist, leave a blank beside each condition in section 46(1): the application is for a visa of a class specified in it; it satisfies the criteria and requirements prescribed under the section; subject to the regulations providing otherwise, any visa application charge the regulations require to be paid when the application is made has been paid; any fees payable under the regulations have been paid; it is not prevented by a provision the lawyer marks, including the provisions named in the section; and it is not invalid under a provision the lawyer marks, including the provisions named in the section. Add a blank for the subsection (1A) invalidity facts and a blank for the subsection (2A) personal-identifier facts. Copy a class name only if the application already prints it. Do not say the application is valid. Do not say a charge or a fee has been paid unless the papers the lawyer has marked already say so. |
| What the lawyer must review | The lawyer decides validity. Section 46(1) of the Migration Act 1958 (Cth) says that, subject to subsections (1A), (2) and (2A), an application is valid if and only if the conditions in paragraphs (a) to (e) are met. The preventing provisions named in paragraph (d) are section 48 (visa refused or cancelled earlier), section 48A (protection visa refused or cancelled earlier), section 161 (criminal justice visa holders), section 164D (enforcement visa holders), section 195 (detainee applying out of time) and section 501E (earlier refusal or cancellation on character grounds). The invalidity provisions named in paragraph (e) are section 46AA, section 46A (unauthorised maritime arrivals), section 46B (transitory persons), section 91E or 91G (CPA and safe third countries), section 91K (temporary safe haven visas) and section 199G (visa applications by certain nationals of a removal concern country). Those other sections are not applied in this task. Subsection (1A) makes an application invalid, subject to subsection (2), where the applicant is in the migration zone, has since last entering Australia held a visa subject to a condition described in paragraph 41(2)(a), the Minister has not waived that condition under subsection 41(2A), and the application is for a visa of a kind that condition says the applicant is not or was not entitled to be granted. Paragraph 41(2)(a) was not opened. Subsection (2) is a separate validity route for a class prescribed for that subsection where the regulations take the application to have been validly made. Subsection (2A) makes an application invalid if the Minister has not waived the subsection, the applicant has been required to provide one or more personal identifiers under section 257A, and the applicant has not complied. Section 257A was not opened. The note says an invalid application cannot give rise to an obligation under section 65 to grant a visa: see subsection 47(3). Sections 65 and 47 were not opened. Subsections (3) and (4) allow regulations to prescribe criteria, circumstances, how and where an application is made, and where the applicant must be. Those regulations were not opened. Subsections (4A), (4B) and (5) were read. The tool copies a class name only from the application and does not decide that a pre-application process, or an exemption from prescribed criteria, applies. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: On a checklist, leave a blank beside each condition in section 46(1): the application is for a visa of a class specified in it; it satisfies the criteria and requirements prescribed under the section; subject to the regulations providing otherwise, any visa application charge the regulations require to be paid when the application is made has been paid; any fees payable under the regulations have been paid; it is not prevented by a provision the lawyer marks, including the provisions named in the section; and it is not invalid under a provision the lawyer marks, including the provisions named in the section. Add a blank for the subsection (1A) invalidity facts and a blank for the subsection (2A) personal-identifier facts. Copy a class name only if the application already prints it. Do not say the application is valid. Do not say a charge or a fee has been paid unless the papers the lawyer has marked already say so.
- What the lawyer does: The lawyer decides validity. Section 46(1) of the Migration Act 1958 (Cth) says that, subject to subsections (1A), (2) and (2A), an application is valid if and only if the conditions in paragraphs (a) to (e) are met. The preventing provisions named in paragraph (d) are section 48 (visa refused or cancelled earlier), section 48A (protection visa refused or cancelled earlier), section 161 (criminal justice visa holders), section 164D (enforcement visa holders), section 195 (detainee applying out of time) and section 501E (earlier refusal or cancellation on character grounds). The invalidity provisions named in paragraph (e) are section 46AA, section 46A (unauthorised maritime arrivals), section 46B (transitory persons), section 91E or 91G (CPA and safe third countries), section 91K (temporary safe haven visas) and section 199G (visa applications by certain nationals of a removal concern country). Those other sections are not applied in this task. Subsection (1A) makes an application invalid, subject to subsection (2), where the applicant is in the migration zone, has since last entering Australia held a visa subject to a condition described in paragraph 41(2)(a), the Minister has not waived that condition under subsection 41(2A), and the application is for a visa of a kind that condition says the applicant is not or was not entitled to be granted. Paragraph 41(2)(a) was not opened. Subsection (2) is a separate validity route for a class prescribed for that subsection where the regulations take the application to have been validly made. Subsection (2A) makes an application invalid if the Minister has not waived the subsection, the applicant has been required to provide one or more personal identifiers under section 257A, and the applicant has not complied. Section 257A was not opened. The note says an invalid application cannot give rise to an obligation under section 65 to grant a visa: see subsection 47(3). Sections 65 and 47 were not opened. Subsections (3) and (4) allow regulations to prescribe criteria, circumstances, how and where an application is made, and where the applicant must be. Those regulations were not opened. Subsections (4A), (4B) and (5) were read. The tool copies a class name only from the application and does not decide that a pre-application process, or an exemption from prescribed criteria, applies.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Do not mark the application valid or invalid.
2. Do not treat a named bar, such as section 48 or section 48A, as made out. Those tests are not applied here.
3. Do not state a charge, a fee or a prescribed criterion. The regulations were not opened.
4. Copy a visa class only from the application itself.

## Notes

- 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.

## Sources

- [Migration Act 1958 (Cth) s 46, valid visa application](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s46.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/immigration-and-migration-law/record-the-conditions-a-visa-application-must-meet-to-be-valid/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*