Migration Act 1958

The ART must, in relation to an application to be reviewed on the papers, invite the applicant to give the ART written submissions and evidence relating to the following issues (the relevant issues):

if the application is for review of a decision to refuse to grant a visa:

if the refusal was because the applicant did not satisfy a criterion for the visa—whether the applicant satisfies that criterion; and

if the refusal was because a provision of this Act or the regulations prevented the grant of the visa—whether that provision prevents the grant of the visa;

in any case—any other issue prescribed by the regulations.

A reference to the issue specified in subparagraph (1)(a)(i) as to whether the applicant satisfies a criterion for the visa:

is a reference to whether the applicant satisfies the criterion generally, and not only the parts or aspects of the criterion that formed the basis of the refusal; and

is not limited to the reasons referred to in the notification of the refusal.

Subject to section 367G, before making a decision on the application, the ART is not required to:

do anything further to put the applicant on notice of the relevant issues; or

seek any further submissions, evidence or other information from the applicant in relation to the relevant issues.