Regulation 4.18 — Applications to be reviewed on the papers

4.18 Applications to be reviewed on the papers

Kinds of applications that are an application to be reviewed on the papers

(1) For the purposes of paragraph 367C(2)(b) of the Act, an application made to the ART for review of a decision to refuse to grant a student visa is prescribed.

Circumstances in which an application is not an application to be reviewed on the papers

(2) For the purposes of paragraph 367C(3)(b) of the Act, a prescribed circumstance is that the application relates to a decision to refuse to grant a student visa because the applicant did not satisfy one or more of the following criteria (whether or not that is the only reason the decision was made to refuse the visa):

(a) public interest criteria 4001, 4003B, 4007, 4010, 4013, 4014, 4017, 4018 or 4020;

(b) a special return criterion.

Issues on which the ART must invite written submissions and evidence

(3) Subsection (4) applies in relation to an application to be reviewed on the papers of a decision to refuse to grant a student visa to an applicant who sought to satisfy the primary criteria for the grant of the visa.

(4) For the purposes of paragraph 367F(1)(b) of the Act, an issue is whether the applicant is enrolled in a course of study (within the meaning of clause 500.111 of Schedule 2).