Section 66 — Notification of decision
Text of provision
(1) When the Minister grants or refuses to grant a visa, he or she is to notify the applicant of the decision in the prescribed way.
(2) Notification of a decision to refuse an application for a visa must:
(a) if the grant of the visa was refused because the applicant did not satisfy a criterion for the visa—specify that criterion; and
(b) if the grant of the visa was refused because a provision of this Act or the regulations prevented the grant of the visa— specify that provision; and
(c) unless subsection (3) applies to the application—give written reasons (other than non-disclosable information) why the criterion was not satisfied or the provision prevented the grant of the visa; and
(d) if the applicant has a right to have the decision reviewed by application under Part 5 or section 500—state:
(i) that the decision can be reviewed; and
(ii) the time in which the application for review may be made; and
(iii) who can apply for the review; and
(iv) where the application for review can be made.
(3) This subsection applies to an application for a visa if:
(a) the visa is a visa that cannot be granted while the applicant is in the migration zone; and
(b) this Act does not provide, under Part 5, for an application for review of a decision to refuse to grant the visa.
(4) Failure to give notification of a decision does not affect the validity of the decision.
(5) This section does not apply to a decision under section 501, 501A, 501B or 501F to refuse to grant a visa to a person.
Note: Sections 501C and 501G provide for notification of a decision under section 501, 501A, 501B or 501F to refuse to grant a visa to a person. Migration Act 1958 129 Part 2 Arrival, presence and departure of persons Division 3 Visas for non-citizens
(6) Section 267 (decision-maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under this section.
(7) Section 268 (requesting reasons for a reviewable decision from decision-maker) of the ART Act does not apply in relation to decisions to refuse to grant a visa.
Plain English
Section 66(1) requires the Minister to notify an applicant of a decision to refuse a visa application, giving reasons. Section 66(2) specifies the form of the notification — it must be in writing and state the findings on material questions of fact, the evidence or information on which those findings were based, and the reasons for the decision.
The section also governs notification of decisions to cancel visas under ss 109 and 116.
Practical effect
Notification is both procedurally and substantively important. The date of notification starts the time limit for applying for ART review (if applicable). Notification triggers the applicant's right to be given a bridging visa to maintain lawful status while review rights are exercised. A notification that does not contain adequate reasons may give rise to a procedural fairness challenge. The "reasons for decision" requirement means the decision must engage with the applicant's claims — boilerplate or generic reasons are not compliant with s 66.