Section 63 — When decision about visa may be made
CurrentPart 2—Arrival, presence and departure of persons · Division 3—Visas for non-citizens · Subdivision AB—Code of procedure for dealing fairly, efficiently and quickly with visa applications · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
View on the Federal Register of LegislationOn this page
- Provision
- Section 63
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 63 — When decision about visa may be made
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 subsections (2) and (3) of this section, the Minister may grant or refuse to grant a visa at any time after the application has been made.
(2) The Minister is not to refuse to grant a visa after inviting the applicant to give information and before whichever of the following happens first:
(a) the information is given;
(b) the applicant tells the Minister that the applicant does not wish to give the information or does not have it;
(c) the time in which the information may be given ends.
(3) The Minister is not to refuse to grant a visa after inviting the applicant to comment on information and before whichever of the following happens first:
(a) the comments are given;
(b) the applicant tells the Minister that the applicant does not wish to comment;
(c) the time in which the comments are to be given ends.
(4) The Minister is not to refuse to grant a visa after giving a notice under section 64 and before whichever of the following happens first:
(a) the applicant pays the visa application charge; or
(b) the applicant tells the Minister that the applicant does not intend to pay the visa application charge; or
(c) the end of the period set out in the notice.

