Section 28 — Immigration Act 2009: Automated decision making in relation to visas, etc

28 Automated decision making in relation to visas, etc (1) An automated electronic system that applies criteria predetermined in accordance with immigration instructions may be used by the Department to— (a) rank an expression of interest: (b) process, grant, or refuse to grant an invitation to apply for a visa: (c) process an application for, grant (with or without conditions), or refuse to grant a visa: (d) process an application for, grant, or refuse to grant entry permission. (2) An automated electronic system may be used by the Department to process an application for, grant (with or without conditions), or refuse to grant an interim visa. (3) Conditions imposed on visas granted by an automated electronic system may only be conditions that are specified in immigration instructions for a visa of the relevant class or type. (4) However, nothing in this section prevents an immigration officer or the Minister from imposing further conditions, or varying or cancelling conditions under any of sections 50 to 55 , on or in relation to a visa granted by way of an automated electronic system. (5) Where a decision to grant or refuse to grant a visa or entry permission, or to issue or refuse to issue an invitation to apply for a visa, is made by way of an automated electronic system, that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under this Act.