Migration Act 1958

Sections and provisions with full text and the judgments that cite each one.

Section 59 — Interviews

(1) An applicant must make every reasonable effort to be available for, and attend, an interview. (2) Section 58 and this section do not mean that the Minister cannot obtain information from an…

Section 60 — Medical examination

(1) If the health or physical or mental condition of an applicant for a visa is relevant to the grant of a visa, the Minister may require the applicant to visit, and be examined by, a specified…

Section 61 — Prescribed periods

If this Subdivision requires or allows the regulations to prescribe a period or other time limit relating to a step in considering an application for a visa, the regulations may prescribe different…

Section 62 — Failure to receive information does not require action

(1) If an applicant for a visa: (a) is invited to give additional information; and (b) does not give the information before the time for giving it has passed; the Minister may make a decision to…

Section 63 — When decision about visa may be made

(1) Subject to sections 39 (criterion limiting number of visas), 57 (give applicant information), 84 (no further processing), 86 (effect of limit on visas) and 94 (put aside under points system) and…

Section 64 — Notice that visa application charge is payable

(1) This section applies to a valid application for a visa if the Minister, after considering the application, has made an assessment that: (a) the health criteria for it (if any) have been…

Section 65 — Decision to grant or refuse to grant visa

(1) Subject to sections 84 and 86, after considering a valid application for a visa, the Minister: (a) if satisfied that: (i) the health criteria for it (if any) have been satisfied; and (ii) the…

Section 66 — Notification of decision

(1) When the Minister grants or refuses to grant a visa, he or she is to notify the applicant of the decision in the prescribed way. (2) Notification of a decision to refuse an application for a visa…

Section 67 — Grant and refusal of visa—how and when

(1) The following decisions are taken to be made by the Minister causing a record to be made of the decision: (a) a decision to grant a visa; (b) a decision to refuse to grant a visa. (2) The record…

Section 68 — When visa is in effect

(1) Subject to subsection (2), a visa has effect as soon as it is granted. (2) A visa may provide that it comes into effect at the beginning of a day, being a day after its grant: (a) specified in…

Section 69 — Effect of compliance or non-compliance

(1) Non-compliance by the Minister with Subdivision AA or AB or section 494D in relation to a visa application does not mean that a decision to grant or refuse to grant the visa is not a valid…

Section 72 — Interpretation

(1) In this Subdivision: eligible non-citizen means a non-citizen who: (a) has been immigration cleared; or (b) is in a prescribed class of persons; or (c) the Minister has determined to be an…

Section 73 — Bridging visas

If the Minister is satisfied that an eligible non-citizen satisfies the criteria for a bridging visa as prescribed under subsection 31(3), the Minister may grant a bridging visa permitting the…

Section 74 — Further applications for bridging visa

(1) Subject to subsection (2), if: (a) an eligible non-citizen who is in immigration detention makes an application for a bridging visa; and (b) the Minister refuses to grant the visa; the eligible…

Section 75 — When eligible non-citizen in immigration detention granted visa

(1) If: (a) an eligible non-citizen who is in immigration detention makes an application for a bridging visa of a prescribed class; and (b) the Minister does not make a decision, within the…

Section 76 — Bridging visa not affect visa applications

(1) The fact that a non-citizen holds a bridging visa does not prevent or affect: (a) an application by the non-citizen for a visa of another class; or (b) the grant of such a visa. (2) To avoid…

Section 76A — Cessation of certain bridging visas, and grant of new visas, for certain non-citizens

(1) This section applies if: (a) a non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) immediately before the commencement of this section; and (b) the first visa was…

Section 76AA — Effect of community safety order on visa held by non-citizen etc.

(1) This section applies if: (a) a community safety order is made in relation to a non-citizen; and (b) the order comes into force at a particular time (the relevant time). Non-citizen who holds a…

Section 76AAA — Cessation of certain bridging visas—holder has permission to enter and remain in another country

(1) This section applies in relation to a non-citizen if: (a) the non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the non-citizen has permission (however described),…

Section 76DA — Mandatory 1 year imprisonment for offences

If a person is convicted of an offence against section 76B, 76C, 76D, 76DAA, 76DAB or 76DAC, the court must impose a sentence of imprisonment of at least 1 year.

Section 76DAA — Offence relating to requirement not to perform certain work etc.

(1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring that the person not perform any work,…

Section 76B — Offence relating to monitoring conditions of certain bridging visas

(1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) any of the following applies: (i) at the time the visa was granted, there was no…

Section 76DAB — Offence relating to requirement not to go within certain distance of a school etc.

(1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring that the person not go within a…

Section 76C — Offence relating to requirement to remain at notified address

(1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring the person to remain, between certain…

Section 76DAC — Offence relating to requirement not to contact victim of offence etc.

(1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the person has been convicted of an offence involving violence or sexual assault;…

Section 76D — Offences relating to monitoring device and related monitoring equipment

Requirement to wear monitoring device at all times (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a…

Section 76E — Rules of natural justice do not apply to decision to grant certain bridging visas

(1) This section applies in relation to a decision to grant a non-citizen a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) if the first visa is subject to one or more prescribed…

Section 76F — Powers of officers etc.

Powers relating to monitoring devices and related monitoring equipment (1) An authorised officer may do all things necessary or convenient to be done for any of the following purposes in relation to…

Section 77 — Visas held during visa period

To avoid doubt, for the purposes of this Act, a non-citizen holds a visa at all times during the visa period for the visa.

Section 78 — Children born in Australia

(1) If: (a) a child born in Australia is a non-citizen when born; and (b) at the time of the birth: (i) one of the child’s parents holds a visa (other than a special purpose visa); and (ii) the other…

Section 79 — Effect on visa of leaving Australia

If the holder of a visa leaves Australia the holder may only re-enter Australia because of the visa if: (a) the visa is permission for the re-entry; and (b) the visa is in effect on re-entry.

Section 80 — Certain persons taken not to leave Australia

A person is taken not to leave Australia if the person goes outside the migration zone on a vessel and: (a) does not go (other than for transit purposes) to a foreign country; and (b) remains a…

Section 81 — Extent of visa authority

(1) A visa to travel to Australia during a period is not permission to travel to it outside that period. (2) A visa to enter Australia within a period is not permission to so enter outside that…

Section 82 — When visas cease to be in effect

(1) A visa that is cancelled ceases to be in effect on cancellation. (2) A substantive visa held by a non-citizen ceases to be in effect if another substantive visa (other than a special purpose…

Section 83 — Certain persons taken to be included in spouse, de facto partner or parent’s visa

(1) Where: (a) a person’s name is included in the passport or other document of identity of the person’s spouse or de facto partner; and (b) the person accompanies his or her spouse or de facto…

Section 84 — Minister may suspend processing of visa applications

(1) The Minister may, by legislative instrument, determine that dealing with applications for visas (including protection visas) of a specified class is to stop until a day specified in the…

Section 84A — Object of Subdivision

The object of this Subdivision is to allow temporary restrictions on the arrival of certain classes of temporary visa holders in Australia, where this is necessary to protect the integrity and…

Section 84B — Minister may make arrival control determinations

(1) The Minister may, by legislative instrument, make a determination (an arrival control determination) specifying that section 84E (suspension of temporary visas held by non-citizens) applies,…

Section 84C — Arrival control determination does not apply in relation to certain kinds of non-citizens

(1) An arrival control determination does not apply at a particular time in relation to a non-citizen if, at that time, the non-citizen holds: (a) a protection visa that is a temporary visa; or (b) a…

Section 84D — Minister may certify that arrival control determination does not apply in relation to a particular non-citizen

(1) The Minister may issue a certificate (a permitted travel certificate) providing that an arrival control determination does not apply in relation to a particular non-citizen if the Minister is…

Section 84E — Temporary visas of non-citizens in class specified in arrival control determination cease to be in effect etc.

Temporary visa of non-citizen not in the migration zone ceases to be in effect (1) A temporary visa held by a non-citizen ceases to be in effect if an arrival control determination that is in force…

Section 84F — Statement relating to arrival control determination etc. to be laid before Parliament

(1) If the Minister makes an arrival control determination, the Minister must cause to be laid before each House of the Parliament: (a) a copy of the determination; and (b) a statement of the…

Section 85 — Limit on visas

(1) Subject to subsection (2), the Minister may, by legislative instrument, determine the maximum number of: (a) the visas (including protection visas) of a specified class; or (b) the visas…

Section 86 — Effect of limit

If: (a) there is a determination of the maximum number of visas of a class or classes that may be granted in a financial year; and (b) the number of visas of the class or classes granted in the year…

Section 87 — Limit does not prevent visas for certain persons

(1) Section 86 does not prevent the grant of a visa to a person who applied for it on the ground that he or she is the spouse, de facto partner or dependent child of: (a) an Australian citizen; or…

Section 87A — Limit does not prevent the grant of visas to certain people who are unable to meet health or character requirements before the limit applies because of circumstances beyond their control

If: (a) a person has applied, whether before or after the commencement of this section, for the grant of a visa; and (b) a time was or is reached when the grant of the visa to the person in a…