# Decision to grant or refuse to grant visa

> act-s65 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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 other criteria for it prescribed by this Act or the
                           regulations have been satisfied; and
                     (iii) the grant of the visa is not prevented by section 40
                           (circumstances when granted), 91W (evidence of
                           identity and bogus documents), 91WA (bogus
                           documents and destroying identity documents), 91WB
                           (applications for protection visas by members of same
                           family unit), 500A (refusal or cancellation of temporary
                           safe haven visas), 501 (special power to refuse or
                           cancel) or any other provision of this Act or of any other
                           law of the Commonwealth; and
                     (iv) any amount of visa application charge payable in
                           relation to the application has been paid;
                    is to grant the visa; or
                (b) if not so satisfied, is to refuse to grant the visa.
               Note 1:      Section 84 allows the Minister to suspend the processing of
                            applications for visas of a kind specified in a determination made
                            under that section. Section 86 prevents the Minister from granting a
                            visa of a kind specified in a determination under section 85 if the
                            number of such visas granted in a specified financial year has reached
                            a specified maximum number.
               Note 2:      See also section 195A, under which the Minister has a
                            non-compellable power to grant a visa to a person in detention under
                            section 189 (whether or not the person has applied for the visa).
                            Subdivision AA, this Subdivision, Subdivision AF and the regulations
                            do not apply to the Minister’s power under that section.

          (2) To avoid doubt, an application put aside under section 94 is not
              taken for the purposes of subsection (1) to have been considered
              until it has been removed from the pool under subsection 95(3).