Section 46AA — Migration Act 1958: Visa applications, and the grant of visas, for some Act-based visas

Visa classes covered by this section (1) The following classes of visas are covered by this section: (a) special category visas (see section 32); (b) permanent protection visas (see subsection 35A(2)); (c) temporary protection visas (see subsection 35A(3)); (ca) safe haven enterprise visas (see subsection 35A(3A)); (d) bridging visas (see section 37); (e) temporary safe haven visas (see section 37A); (f) maritime crew visas (see section 38B). Applications invalid if no prescribed criteria (2) An application for a visa of any of the classes covered by this section is invalid if, when the application is made, both of the following conditions are satisfied: (a) there are no regulations in effect prescribing criteria that must be satisfied for a visa of that particular class to be a valid application; (b) there are no regulations in effect prescribing criteria that must be satisfied for a visa of that particular class to be granted. Note: This subsection does not apply if regulations are in effect prescribing criteria mentioned in paragraph (a) or (b) (or both) for a visa. (3) The criteria mentioned in subsection (2) do not include prescribed criteria that apply generally to visa applications or the granting of visas. Example: The criteria mentioned in subsection (2) do not include the criteria set out in regulation 2.07 of the Migration Regulations 1994 (application for visa—general). Criteria in the Act and the regulations (4) If regulations are in effect prescribing criteria mentioned in paragraph (2)(a) or (b) (or both) for a visa of a class covered by this section: (a) an application for the visa is invalid unless the application satisfies both: (i) any applicable criteria under this Act that relate to applications for visas of that class; and (ii) any applicable criteria prescribed by regulation that relate to applications for visas of that class; and (b) the visa must not be granted unless the application satisfies both: (i) any applicable criteria under this Act that relate to the grant of visas of that class; and (ii) any applicable criteria prescribed by regulation that relate to the grant of visas of that class. Note: For visa applications generally, see section 46. For the grant of a visa generally, see section 65.