The Migration Act consists of provisions in relation to the applications for visas. In this article, we will cover some of the Sections that relate to the applications for visas:
Section 44: Extent of Following Subdivisions on Applications for Visas
Subsection (1) states that this Subdivision and the later Subdivisions of this Division, other than this section, Subdivision AG and Subsection 138(1), do not apply to criminal justice visas.
Moreover, Subsection (2) states that this Subdivision and the later Subdivisions of this Division, other than this section and Subdivision AG, do not apply to enforcement visas.
Section 45: Applications for Visas
This Section states that subject to this Act and the regulations, a non-citizen who wants a visa must apply for a visa of a particular class. Non-citizens who wish to make applications for visas must do so through the website of the Department of Home Affairs.
The requirements and eligibility for applications for visas will differ depending on various factors. This also includes the type of visa that the non-citizen is applying for.
Section 45AA: Application for One Visa Taken to Be Application for a Different Visa
This Section discusses the situations in which conversion regulation are applicable. Firstly, subsection (1) states that Section 45AA applies if:
- a person has made a valid application (a pre-conversion application) for a visa (a pre-conversion visa) of a particular class; and
- the DHA has not granted the pre-conversion visa to the person, whether or not a migration decision has been made in relation to the pre-conversion application; and
- since the applicant made the application, one or more of the
following events has occurred:
- the requirements for making a valid application for that class of visa change;
- the criteria for the grant of that class of visa change;
- that class of visa ceases to exist; and
- had the application been made after the event/s occurred,
because of that event (or those events):
- the application would not have been valid; or
- that class of visa could not have been granted to the person.
Moreover, subsection (2) states that to avoid doubt, under subsection (1) this section may apply in relation to:
- classes of visas, including protection visas and any other classes of visas provided for by this Act or the regulations; and
- classes of applicants, including applicants having a particular status; and
- applicants for a visa who are taken to have applied for the visa by the operation of this Act or the regulations.
For instance, if a non-citizens make an application for a visa, and then before the DHA decides the application, if the non-citizen gives birth to a child, in some circumstances the child is taken, by the operation of the regulations, to have applied for a visa of the same class at the time the child is born.
Section 45A: Applications for Visas Charge
A non-citizen who makes an application for a visa is liable to pay visa application charge, if assuming the applicant paid the charge, the application would be a valid visa application.
Section 45B: Amount of Visa Application Charge
Point (1) of s45B states that the amount of visa application charge is the amount, not exceeding the visa application charge limit, prescribed in relation to the application.
The visa application charge limit is the amount determined under the Migration (Visa Application) Charge Act 1997.
Section 45C: Regulations About Visa Application Charge (VAC)
Subsection (1) states that the regulations may:
- provide that visa application charge may be payable in instalments; and
- specify how those instalments are to be calculated; and
- specify when instalments are payable.
Moreover, subsection (2) states that the regulations may also:
- make provision for and in relation to:
- the recovery of visa application charge in relation to visa applications; or
- the way, including the currency, in which they pay for the VAC; or
- working out how much VAC they need to pay; or
- the time when they need to pay VAC; or
- the persons who may be paid VAC on behalf of the Commonwealth; or
- make provision for the remission, refund or waiver of VAC or an amount of VAC; or
- make provision for exempting persons from the payment of VAC or an amount of VAC, or
- make provision for crediting VAC or an amount of VAC paid in respect of one application against VAC payable in respect of another application.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.