Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 28

(1)

This regulation applies to a decision to refuse a non-citizen a visa of any of the following classes:

(a)

distinguished talent (Australian support) (code number 124) under the Migration (1989) Regulations or Class 124 (distinguished talent — Australian support) under the Migration (1993) Regulations;

(b)

visiting academic (code number 419) under the Migration (1989) Regulations or Class 419 (Visiting academic) under the Migration (1993) Regulations;

if the primary application included:

(c)

in the case of an application for a visa of a class referred to in paragraph (a) — particulars of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen who, or an Australian organisation that, had given written testimony to the applicant's standing; or

(d)

in the case of an application for a visa of a class referred to in paragraph (b) — particulars of an Australian tertiary institution or research institution that had invited the applicant to visit it.

(2)

Part 5 of the amended Act has effect in relation to a decision to which this regulation applies as if:

(a)

subparagraph (e) (ii) of the definition of Part 5 reviewable decision in section 337 were omitted and the following subparagraph substituted:

`(ii) in accordance with a criterion for the grant of the visa, the non-citizen's application included particulars of:

(A)

an Australian citizen, an Australian permanent resident, an eligible New Zealand citizen, or an Australian organisation, having a national reputation in relation to the applicant's profession, occupation or activity who or that has given written testimony to the applicant's standing in that profession, occupation or activity; or

(B)

an Australian tertiary institution or research institution that has invited the applicant to visit it; or';

and

(b)

paragraph 339 (2) (b) were omitted and the following paragraphs substituted:

`(b) if the decision is covered by subparagraph (e) or (h) of that definition and was not a decision to refuse to grant a visa of a class referred to in paragraph (ba) or (bb) — the sponsor or nominator; or

(ba)

if the decision is a decision to refuse to grant a distinguished talent (Australian support) (code number 124) visa under the Migration (1989) Regulations or a Class 124 (distinguished talent — Australian support) visa under the Migration (1993) Regulations — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who, or the Australian organisation that, gave written testimony as to the applicant's standing; or

(bb)

if the decision is a decision to refuse to grant a visiting academic (code number 419) visa under the Migration (1989) Regulations or a Class 419 (visiting academic) visa under the Migration (1993) Regulations — the Australian tertiary institution or research institution that invited the applicant to visit it; or';

and

(c)

paragraph 347 (2) (b) of the Act were omitted and the following paragraphs substituted:

`(b) if the primary decision is covered by subparagraph (e) or (h) of that definition and was not a decision to refuse to grant a visa of a class referred to in paragraph (ba) or (bb) — the sponsor or nominator; or

(ba)

if the primary decision is a decision to refuse to grant a distinguished talent (Australian support) (code number 124) visa under the Migration (1989) Regulations or a Class 124 (distinguished talent — Australian support) visa under the Migration (1993) Regulations — the Australian citizen, Australian permanent resident or eligible New Zealand citizen who, or the Australian organisation that, gave written testimony as to the applicant's standing; or

(bb)

if the primary decision is a decision to refuse to grant a visiting academic (code number 419) visa under the Migration (1989) Regulations or a Class 419 (visiting academic) visa under the Migration (1993) Regulations — the Australian tertiary institution or research institution that invited the applicant to visit it; or'.