Section 65 of Australian Migration Act 1958

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Section 65 of Australian Migration Act 1958 deals with Decision to grant or refuse to grant visa

From the Act

(1) After considering a valid application for a visa, the Minister:

(a) if satisfied that:

(i) the health criteria for it (if any) have been satisfied; and

(ii) the other criteria for it prescribed by this Act or the regulations have been satisfied; and

(iii) the grant of the visa is not prevented by section 40 (circumstances when granted), 500A (refusal or cancellation of temporary safe haven visas), 501 (special power to refuse or cancel) or any other provision of this Act or of any other law of the Commonwealth; and

(iv) any amount of visa application charge payable in relation to the application has been paid;

is to grant the visa; or

(b) if not so satisfied, is to refuse to grant the visa.

Note: See also section 195A, under which the Minister has a non-compellable power to grant a visa to a person in detention under section 189 (whether or not the person has applied for the visa). Subdivision AA, this Subdivision, Subdivision AF and the regulations do not apply to the Minister's power under that section.

(2) To avoid doubt, an application put aside under section 94 is not taken for the purposes of subsection (1) to have been considered until it has been removed from the pool under subsection 95(3).

Recent Cases / Related Cases / Case Law

  • Minister for Immigration and Citizenship Vs Li & Another (b68/2012), High Court of Australia, February 2013

Related Sections from the Act

  • Section 65A: Period within which Minister must make decision on protection visas
  • Section 66: Notification of decision
  • Section 67: Way visa granted
  • Section 68: When visa is in effect
  • Section 69: Effect of compliance or non-compliance


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