E7.35 Declining an application for a temporary visa or permit (26/07/1999)

Immigration Act 1987 s 36

1. When a visa or immigration officer is not satisfied that an applicant has met all the policy requirements for a temporary visa or permit, and that an exception to policy is not justified, the officer must decline the application.
2. The visa or immigration officer must give the reasons for the decline in writing to the applicant or their agent.

E7.35.1 Reconsidering a declined application

Immigration Act 1987 s 31
Immigration Regulations 1999 reg 19

1. An immigration officer of equal grade or senior to the one who made the decision may reconsider a declined application for a further temporary permit or one of another type if the applicant applies in writing while still holding a current temporary permit.
2. While not legally obliged to reconsider declined applications for a temporary visa, visa officers may do so if new and compelling information is promptly provided.
3. Applications for reconsideration should be considered against the temporary entry policy applying to the original application, as well as against an 'exception to policy' consideration (see E7.10 (b).
4. The application fee for reconsideration and the applicant's passport or certificate of identity must accompany the written request.

Effective 26/07/1999