Commonwealth Numbered Regulations

1994 No. 261 MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 28

28. (1) This regulation applies to a decision to refuse a non-citizen a visa
of any of the following classes:

   (a)  distinguished talent (Australian support) (code number 124) under the
        Migration (1989) Regulations or Class 124 (distinguished
        talent-Australian support) under the Migration (1993) Regulations;

   (b)  visiting academic (code number 419) under the Migration (1989)
        Regulations or Class 419 (Visiting academic) under the Migration
        (1993) Regulations; if the primary application included:

   (c)  in the case of an application for a visa of a class referred to in
        paragraph (a)-particulars of an Australian citizen, an Australian
        permanent resident, or an eligible New Zealand citizen who, or an
        Australian organisation that, had given written testimony to the
        applicant's standing; or

   (d)  in the case of an application for a visa of a class referred to in
        paragraph (b)-particulars of an Australian tertiary institution or
        research institution that had invited the applicant to visit it.

(2) Part 5 of the amended Act has effect in relation to a decision to which
this regulation applies as if:
(a) subparagraph (e) (ii) of the definition of "Part 5 reviewable decision" in
section 337 were omitted and the following subparagraph substituted:

"(ii) in accordance with a criterion for the grant of the visa, the
non-citizen's application included particulars of:

                (A)  an Australian citizen, an Australian permanent resident,
                     an eligible New Zealand citizen, or an Australian
                     organisation, having a national reputation in relation to
                     the applicant's profession, occupation or activity who or
                     that has given written testimony to the applicant's
                     standing in that profession, occupation or activity; or

                (B)  an Australian tertiary institution or research
                     institution that has invited the applicant to visit it;
                     or"; and

   (b)  paragraph 339 (2) (b) were omitted and the following paragraphs
        substituted:

"(b) if the decision is covered by subparagraph (e) or (h) of that definition
and was not a decision to refuse to grant a visa of a class referred to in
paragraph (ba) or (bb)-the sponsor or nominator; or

   (ba) if the decision is a decision to refuse to grant a distinguished
        talent (Australian support) (code number 124) visa under the Migration
        (1989) Regulations or a Class 124 (distinguished talent-Australian
        support) visa under the Migration (1993) Regulations-the Australian
        citizen, Australian permanent resident or eligible New Zealand citizen
        who, or the Australian organisation that, gave written testimony as to
        the applicant's standing; or

   (bb) if the decision is a decision to refuse to grant a visiting academic
        (code number 419) visa under the Migration (1989) Regulations or a
        Class 419 (visiting academic) visa under the Migration (1993)
        Regulations-the Australian tertiary institution or research
        institution that invited the applicant to visit it; or"; and

   (c)  paragraph 347 (2) (b) of the Act were omitted and the following
        paragraphs substituted:

"(b) if the primary decision is covered by subparagraph (e) or (h) of that
definition and was not a decision to refuse to grant a visa of a class
referred to in paragraph (ba) or (bb)-the sponsor or nominator; or

   (ba) if the primary decision is a decision to refuse to grant a
        distinguished talent (Australian support) (code number 124) visa under
        the Migration (1989) Regulations or a Class 124 (distinguished
        talent-Australian support) visa under the Migration (1993)
        Regulations-the Australian citizen, Australian permanent resident or
        eligible New Zealand citizen who, or the Australian organisation that,
        gave written testimony as to the applicant's standing; or

   (bb) if the primary decision is a decision to refuse to grant a visiting
        academic (code number 419) visa under the Migration (1989) Regulations
        or a Class 419 (visiting academic) visa under the Migration (1993)
        Regulations-the Australian tertiary institution or research
        institution that invited the applicant to visit it; or".