Commonwealth Numbered Regulations

1995 No. 38 MIGRATION REGULATIONS (AMENDMENT) - REG 19

19.1 Omit the regulation, substitute: Expedited review (close family visit
visas)

"4.23. (1) This regulation applies to review of a decision to refuse to grant
a Long Stay (Visitor) (Class TN) or Short Stay (Visitor) (Class TR) visa if
and only if:

   (a)  the applicant stated in his or her application that he or she intended
        to visit Australia, or remain in Australia as a visitor, for the
        purposes of visiting an Australian citizen or an Australian permanent
        resident who is a parent, spouse, child, brother or sister of the
        applicant; and

   (b)  that application was made to allow the applicant to participate in an
        event of special family significance in which he or she is directly
        concerned; and

   (c)  the applicant identified the event and the applicant's concern in that
        application; and

   (d)  that application was refused because either:

        (i)    the Minister was not satisfied that the expressed intention of
               the applicant only to visit Australia was genuine; or

        (ii)   the applicant did not satisfy public interest criterion 4011;
               and

   (e)  the application was made long enough before the event to allow for
        internal review, and review by the Tribunal, if the application were
        refused.



"(2) The refusal of that application must be reviewed immediately by a review
officer on receipt of an application for internal review.



"(3) A decision of a review officer must be reviewed immediately by the
Tribunal on receipt of an application for review of the decision.



"(4) A review authority must give notice to the applicant of its decision in
respect of an application for review as soon as practicable.