Section 47 — Consideration of a valid visa application
Text of provision
(1) The Minister is to consider a valid application for a visa.
(2) The requirement to consider an application for a visa continues until:
(a) the application is withdrawn; or
(b) the Minister grants or refuses to grant the visa; or
(c) the further consideration is prevented by section 39 (limiting number of visas) or 84 (suspension of consideration).
(3) To avoid doubt, the Minister is not to consider an application that is not a valid application.
(4) To avoid doubt, a decision by the Minister that an application is not valid and cannot be considered is not a decision to refuse to grant the visa. Migration Act 1958 113 Part 2 Arrival, presence and departure of persons Division 3 Visas for non-citizens
Plain English
Section 47(1) provides that the Minister must consider a valid visa application. Section 47(3) provides that where a visa application is valid, the Minister must either grant the visa or refuse it. The Minister does not have a discretion to ignore or shelve a validly lodged application — there is a statutory duty to decide.
The concept of a "valid" application is defined by the criteria in Schedule 1 of the Migration Regulations 1994 — if an application does not meet the Schedule 1 criteria, it is not valid and no obligation to consider it arises.
Practical effect
The statutory duty to decide under s 47 is significant — applicants whose applications are valid may seek mandamus from the Federal Court if IRCC/DOHA fails to decide within a reasonable time. Invalid applications receive no consideration and the applicant must refile, which can cause loss of critical timing (e.g., for bridging visa purposes). The distinction between validity and merits is important — a valid application may still be refused on the merits.