Record the limbs for granting or refusing a visa
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For a valid application the lawyer has marked, set out four blanks and do not fill them: whether any health criteria have been satisfied; whether the other criteria prescribed by the Act or the regulations have been satisfied; whether the grant is prevented by a provision the lawyer marks, including section 40, section 91W, section 91WA, section 91WB, section 500A, section 501, or any other provision of the Act or of any other law of the Commonwealth; and whether any amount of visa application charge payable has been paid. Record that if the Minister is satisfied of all four, the visa is to be granted, and if not so satisfied, the visa is to be refused. Do not say the Minister is satisfied. Do not say the visa is granted or refused.
- What the lawyer must review
- The lawyer decides satisfaction of each limb. Section 65(1) of the Migration Act 1958 (Cth) is subject to sections 84 and 86. After considering a valid application, the Minister is to grant the visa if satisfied of the four matters, and otherwise is to refuse it. The parenthetical descriptions on the page are: section 40, circumstances when granted; section 91W, evidence of identity and bogus documents; section 91WA, bogus documents and destroying identity documents; section 91WB, applications for protection visas by members of the same family unit; section 500A, refusal or cancellation of temporary safe haven visas; and section 501, special power to refuse or cancel. Those sections were not opened. The prescribed criteria and the charge were not opened. Note 1 says section 84 allows the Minister to suspend processing of applications for visas of a kind specified in a determination under that section, and section 86 prevents the grant of a visa of a kind specified in a determination under section 85 if the number granted in a specified financial year has reached a specified maximum. Those sections were not opened beyond the note. Note 2 says section 195A gives a non-compellable power to grant a visa to a person in detention under section 189, whether or not the person has applied, and that specified subdivisions and the regulations do not apply to that power. Those sections were not opened beyond the note. Subsection (2) says an application put aside under section 94 is not taken to have been considered until removed from the pool under subsection 95(3). Sections 94 and 95 were not opened. Whether the application is valid is a separate task.
- 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 | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not mark a limb satisfied, and do not say the visa is granted or refused.
- Do not state a criterion or a charge. The regulations were not opened.
- Do not apply section 501 or any other preventing provision. They were not opened.
- Do not treat an invalid application as one that has reached this section.
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.