Regulation 4.15 — ART’s power to remit matters with orders

4.15 ART’s power to remit matters with orders

(1) For the purposes of subsection 349(2) of the Act (which deals with the ART’s power to remit):

(a) an application for a visa is a prescribed matter; and

(b) subject to subregulation (4), a permissible order is that the applicant must be taken to have satisfied a specified criterion for the visa.

(1A) For the purposes of subsection 349(2) of the Act:

(a) the following are prescribed matters:

(i) a nomination under subsection 140GB(1) of the Act;

(ii) a nomination referred to in subregulation 5.19(1); and

(b) a permissible order is that the nomination must be taken to have met a specified criterion or requirement for approval under subsection 140GB(2) of the Act or subregulation 5.19(3) (as the case may be).

(2) For the purposes of subsection 349(2) of the Act, the requiring of a security that is mentioned in paragraph 4.02(4)(f) is a prescribed matter.

(3) If the ART remits a prescribed matter that is mentioned in subregulation (2) to the primary decision-maker, the ART may order the primary decision-maker:

(a) to indicate to the applicant that a condition specified by the ART will be imposed on the visa if it is granted; and

(b) to require a security for compliance with the condition (whether or not a security has already been required).

(4) If:

(a) a person applies for a Prospective Marriage (Temporary) (Class TO) visa; and

(b) in the period after the Minister’s decision on the application is made and before the application is finally determined, the applicant:

(i) marries the person who was specified in the application as the applicant’s prospective spouse; and

(ii) notifies the ART of the marriage; and

(c) the marriage is recognised as valid for the purposes of the Act; and

(d) the ART decides to remit the application to the Minister for reconsideration;

then, for the purposes of paragraph 349(2)(b) of the Act, the permissible order is that the application must be taken to also be an application:

(e) for a Partner (Migrant) (Class BC) visa and for a Partner (Provisional) (Class UF) visa; and

(f) that is made on the day that the application is remitted to the Minister.