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Children born at the merits review stage

Children born to visa applicants who are seeking merits review of a decision cannot be added to the review application-below is an extract from the Procedures Advice Manual.
58.9 Cases at merits-review stage
In the case of a child born when its parent’s application for a visa is with a merits review body, if the decision is set aside and the application remitted to the department, the child can be added to the application. This is because a fresh decision has to be made and the application reverts to the primary decision making stage.
Current legislation does not permit a child to be added to an MRT review application if there is no primary decision in respect of the child. This means that if the review body affirms the decision to refuse to grant the parent a visa or substitutes the decision of the department with a decision to grant a visa to the parent, the child cannot be included in that decision.
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Viktor Ovcharenko

Australian Registered Migration Agent
MARN 0964258
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