Record when a change of visa circumstances must be notified
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the answer and the new circumstances the lawyer has marked, record that if circumstances change so that an answer on the application form, or an answer under this duty, is incorrect in the new circumstances, the non-citizen must as soon as practicable inform an officer in writing of the new circumstances and of the correct answer. Record that, if the applicant is in Australia when the visa is granted, the duty applies only to changes before the grant. Record that, if the applicant is outside Australia when the visa is granted, the duty applies only to changes after the application and before the applicant is immigration cleared. Record that the duty applies despite the grant of any visa. Do not treat as soon as practicable as a number of days. Do not draft the notice.
- What the lawyer must review
- The lawyer decides whether circumstances have changed and whether the duty applies. Section 104(1) of the Migration Act 1958 (Cth) requires the non-citizen, as soon as practicable, to inform an officer in writing of the new circumstances and of the correct answer. Subsection (2) limits the duty, where the applicant is in Australia at grant, to changes before the grant. Subsection (3) limits it, where the applicant is outside Australia at grant, to changes after the application and before immigration clearance. Subsection (4) says the duty applies despite the grant of any visa. As soon as practicable is not a number of days. A separate task records an answer that was incorrect when it was given. This task does not draft the notice.
- 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 answer and the new circumstances the lawyer has marked, record that if circumstances change so that an answer on the application form, or an answer under this duty, is incorrect in the new circumstances, the non-citizen must as soon as practicable inform an officer in writing of the new circumstances and of the correct answer. Record that, if the applicant is in Australia when the visa is granted, the duty applies only to changes before the grant. Record that, if the applicant is outside Australia when the visa is granted, the duty applies only to changes after the application and before the applicant is immigration cleared. Record that the duty applies despite the grant of any visa. Do not treat as soon as practicable as a number of days. Do not draft the notice. |
| 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 old answer and the new circumstances only as the lawyer has marked them.
- Keep both timing limbs and the rule that the duty survives the grant.
- Do not turn as soon as practicable into a number of days. Do not draft 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.