Commonwealth Consolidated Regulations

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MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 30C

Combined applications for review by the Tribunal

(1)
If:

(a)
2 or more persons have, in accordance with regulation 30B, combined their applications for internal review of decisions of the Minister; and

(b)
the review officer's decisions in respect of 2 or more of those persons are that the primary decisions be affirmed;

the persons referred to in paragraph (b) may combine their applications for review by the Tribunal of the review officer's decisions.

(2)
If:

(a)
2 or more applicants have combined their pre-reform visa applications in Australia in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(b)
the Minister's decisions in respect of 2 or more of those applicants are that a visa not be granted; and

(c)
the Minister's decisions are IRT-reviewable decisions;

the applicants referred to in paragraph (b) may combine their applications for review by the Tribunal of the Minister's decisions.

(3)
If:

(a)
a person has nominated or sponsored 2 or more members of a family unit in respect of pre-reform visa applications by them for visas of a class for which it was a criterion that an applicant be sponsored or nominated; and

(b)
the members of a family unit referred to in paragraph (a) have combined their pre-reform visa applications in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(c)
the Minister's decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and

(d)
the nominator or sponsor has, in accordance with regulation 30B, combined his or her applications for internal review of the Minister's decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa; and

(e)
the review officer's decisions in respect of 2 or more of those members are that the primary decisions be affirmed;

the nominator or sponsor may combine his or her applications for review by the Tribunal of the Minister's decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.

(4)
If:

(a)
a person has nominated or sponsored 2 or more members of a family unit in respect of pre-reform visa applications by them for visas of a class for which it was a criterion that an applicant be sponsored or nominated; and

(b)
the members of a family unit referred to in paragraph (a) have combined their pre-reform visa applications in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations; and

(c)
the Minister's decisions in respect of 2 or more of the members of that family unit are that a visa not be granted; and

(d)
the Minister's decisions are IRT-reviewable decisions;

the nominator or sponsor may combine his or her applications for review by the Tribunal of the Minister's decisions in respect of each of the members of the family unit to whom the Minister refused to grant a visa.

(5)
If:

(a)
2 or more visa applicants have combined their pre-reform visa applications, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations, for visas of a class for which it is a criterion that the applicant have a parent, spouse, child, brother or sister who is an Australian citizen or an Australian permanent resident; and

(b)
the Minister's decisions in respect of 2 or more of those applicants are that visas not be granted; and

(c)
the Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the applicants has, in accordance with regulation 30B, combined his or her applications for internal review of the Minister's decisions in respect of 2 or more of the members of the family unit to whom the Minister refused to grant a visa; and

(d)
the review officer's decisions in respect of 2 or more of the applicants referred to in paragraph (b) are that the primary decisions be affirmed;

the Australian citizen or Australian permanent resident referred to in paragraph (c) may combine his or her applications for review by the Tribunal of the review officer's decisions in respect of each of the applicants to whom the Minister refused to grant a visa.

(6)
If:

(a)
2 or more visa applicants have combined their pre-reform visa applications, in a way permitted by the Migration (1989) Regulations or the Migration (1993) Regulations, for visas of a class for which it is a criterion that the applicant have a parent, spouse, child, brother or sister who is an Australian citizen or an Australian permanent resident; and

(b)
the Minister's decisions in respect of 2 or more of those visa applicants are that visas not be granted; and

(c)
the Minister's decisions are IRT-reviewable decisions;

an Australian citizen or Australian permanent resident who is a parent, spouse, child, brother or sister of the visa applicants may combine his or her applications for review by the Tribunal of the Minister's decisions in respect of each of those visa applicants to whom the Minister refused to grant a visa.



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