Commonwealth Consolidated Regulations

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MIGRATION AGENTS REGULATIONS 1998 - REG 7D

Matters to be considered when referring to the Authority

                For subsections 306AC (5) and 311H (2) of the Act, the following matters are prescribed:

                (a)    whether:

                          (i)    the registered migration agent's, or former registered migration agent's, client failed to satisfy one or more time of decision visa criteria; and

                         (ii)    each of those criteria would have been satisfied if the client had been assessed against the criteria at the time of application;

               (b)    whether the registered migration agent's, or former registered migration agent's, client failed to satisfy one or more visa criteria because of changes to legislation or policy between the time of application and the time of decision;

                (c)    whether the circumstances in the country of origin of a registered migration agent's, or former registered migration agent's, client have changed sufficiently for the client to be refused the grant of a protection visa;

               (d)    whether any applications by a registered migration agent's, or former registered migration agent's, clients:

                          (i)    which were refused by the Department; and

                         (ii)    in relation to which that refusal has subsequently been affirmed by merits review;

                        have since been approved as a result of a successful application for either:

                         (iii)    judicial review of the decision; or

                        (iv)    the substitution of a more favourable decision by the Minister under section 351, 391, 417, 454 or 501J of the Act;

                (e)    any other relevant matter.



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