Section 84 — Suspension of consideration of applications
Text of provision
(1) The Minister may, by legislative instrument, determine that dealing with applications for visas (including protection visas) of a specified class is to stop until a day specified in the determination (in this section called the resumption day).
(2) On and after the commencement of an instrument made under subsection (1), no act is to be done in relation to any application for a visa of the class concerned until the resumption day.
(3) A determination under this section does not have any effect in relation to an application for a visa made by a person on the ground that he or she is the spouse, de facto partner or dependent child of:
(a) an Australian citizen; or
(b) the holder of a permanent visa that is in effect; or
(c) a person who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law.
(4) Nothing in this section prevents an act being done to implement a decision to grant or to refuse to grant a visa if the decision had been made before the date of the determination concerned.
(5) For the purposes of this section, a child of a person is a dependent child if the child:
(a) does not have a spouse or de facto partner; and
(b) either:
(i) is under 18; or
(ii) is 18, 19 or 20 and is dependent on the person for: (A) financial and psychological support; or (B) physical support.
(6) In this section: act means an act connected with performing functions or exercising powers under or for the purposes of this Act. Migration Act 1958 157 Part 2 Arrival, presence and departure of persons Division 3 Visas for non-citizens
Plain English
Section 84 provides that the Minister may suspend consideration of a visa application where there are reasonable grounds to believe the application relates to a person who may be subject to removal, or where a relevant investigation is underway. The suspension does not invalidate the application.
Practical effect
A suspension under s 84 is not a decision on the merits of the application — it is an administrative pause. The application remains valid and must eventually be decided. A suspension does not give rise to an immediate right of review. Practitioners encountering unexplained delays in visa processing should consider whether a s 84 suspension may be in place and seek clarification from DOHA. Where the delay becomes unreasonable, mandamus may be sought from the Federal Court.