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Visa Criteria | Visa Classes 1 2 3 | Overstay | Protection/Refugee |
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VISA CRITERIA To be granted a visa under any category a person must satisfy certain legal and policy criteria which are set out in the Migration Act and Regulations. If these criteria are satisfied, the visa must be granted. An application can include the family unit of the principal applicant, but only the principal applicant needs to satisfy the main criteria. The family unit can include the principal applicant's husband/wife, dependent children and other dependents such as aged parents. Dependent children are usually under the age of 18, but older children may still be considered to be dependent in some circumstances. People being granted a visa which allows a stay of more than one year in Australia must also pass medical and character requirements. The classes of visas can be described as being Temporary, Permanent or Bridging. Right to appeal There is the right of appeal against a refusal of a visa if the application was made onshore, or if the applicant was sponsored by an Australian citizen, permanent resident or organization in Australia. Under some conditions there is the right of appeal to the Federal Court against the refusal of a visa applied for off-shore.
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