Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Applications may be made to the Administrative Appeals Tribunal for review of:
(a) decisions of the Minister under section 200 because of circumstances specified in section 201; or
(b) decisions of a delegate of the Minister under section 501; or
(c) a decision to refuse to grant a protection visa, or to cancel a protection visa, relying on:
(i) one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2); or
(ii) paragraph 36(2C)(a) or (b) of this Act;
other than decisions to which a certificate under section 502 applies.
(2) A person is not entitled to make an application under paragraph (1)(a) unless:
(a) the person is an Australian citizen; or
(b) the person is a lawful non-citizen whose continued presence in Australia is not subject to any limitation as to time imposed by law.
(3) A person is not entitled to make an application under subsection (1) for review of a decision referred to in paragraph (1)(b) or (c) unless the person would be entitled to seek review of the decision under Part 5 or 7 if the decision had been made on another ground.
(4) The following decisions are not reviewable under Part 5 or 7:
(a) a decision under section 200 because of circumstances specified in section 201;
(b) a decision under section 501;
(c) a decision to refuse to grant a protection visa, or to cancel a protection visa, relying on:
(i) one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2); or
(ii) paragraph 36(2C)(a) or (b) of this Act.
(5) In giving a direction under the Administrative Appeals Tribunal Act 1975 as to the persons who are to constitute the Tribunal for the purposes of a proceeding for review of a decision referred to in subsection (1), the President must have regard to:
(a) the degree of public importance or complexity of the matters to which that proceeding relates; and
(b) the status of the position or office held by the person who made the decision that is to be reviewed by the Tribunal; and
(c) the degree to which the matters to which that proceeding relates concern the security, defence or international relations of Australia; and
(d) if:
(i) the person to whom the decision relates has been convicted of, or sentenced for, an offence; and
(ii) that conviction or sentence is relevant to the matters to which that proceeding relates;
the seriousness of that offence; and
(e) if:
(i) the person to whom the decision relates has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution; and
(ii) that acquittal is relevant to the matters to which that proceeding relates;
the seriousness of that offence;
and must not have regard to any other matters.
(5A) Section 23B of the Administrative Appeals Tribunal Act 1975 does not apply in relation to a proceeding for review of a decision referred to in subsection (1) of this section.
(6) Where an application has been made to the Tribunal for the review of a decision under section 200 ordering the deportation of a person, the order for the deportation of the person shall not be taken for the purposes of section 253 to have ceased or to cease to be in force by reason only of any order that has been made by:
(a) the Tribunal; or
(b) a presidential member under section 41 of the Administrative Appeals Tribunal Act 1975 ; or
(c) the Federal Court of Australia or a Judge of that Court under section 44A of that Act; or
(d) the Federal Magistrates Court or a Federal Magistrate under section 44A of that Act.
(6A) If a decision under section 501 of this Act relates to a person in the migration zone, section 28 of the Administrative Appeals Tribunal Act 1975 does not apply to the decision.
(6B) If a decision under section 501 of this Act relates to a person in the migration zone, an application to the Tribunal for a review of the decision must be lodged with the Tribunal within 9 days after the day on which the person was notified of the decision in accordance with subsection 501G(1). Accordingly, paragraph 29(1)(d) and subsections 29(7), (8), (9) and (10) of the Administrative Appeals Tribunal Act 1975 do not apply to the application.
(6C) If a decision under section 501 relates to a person in the migration zone, an application to the Tribunal for a review of the decision must be accompanied by, or by a copy of:
(a) the document notifying the person of the decision in accordance with subsection 501G(1); and
(b) one of the sets of documents given to the person under subsection 501G(2) at the time of the notification of the decision.
(6D) If:
(a) an application is made to the Tribunal for a review of a decision under section 501 of this Act; and
(b) the decision relates to a person in the migration zone;
section 37 of the Administrative Appeals Tribunal Act 1975 does not apply in relation to the decision.
(6E) If:
(a) an application is made to the Tribunal for a review of a decision under section 501 of this Act; and
(b) the decision relates to a person in the migration zone;
the Registrar, a District Registrar or a Deputy Registrar of the Tribunal must notify the Minister, within the period and in the manner specified in the regulations, that the application has been made. Accordingly, subsection 29(11) of the Administrative Appeals Tribunal Act 1975 does not apply in relation to the application.
(6F) If:
(a) an application is made to the Tribunal for a review of a decision under section 501 of this Act; and
(b) the decision relates to a person in the migration zone;
then:
(c) the Minister must lodge with the Tribunal, within 14 days after the day on which the Minister was notified that the application had been made, 2 copies of every document, or part of a document, that:
(i) is in the Minister's possession or under the Minister's control; and
(ii) was relevant to the making of the decision; and
(iii) contains non-disclosable information; and
(d) the Tribunal may have regard to that non-disclosable information for the purpose of reviewing the decision, but must not disclose that non-disclosable information to the person making the application.
(6G) If:
(a) an application is made to the Tribunal for a review of a decision under section 501 of this Act; and
(b) the decision relates to a person in the migration zone;
the Tribunal must not:
(c) hold a hearing (other than a directions hearing); or
(d) make a decision under section 43 of the Administrative Appeals Tribunal Act 1975 ;
in relation to the decision under review until at least 14 days after the day on which the Minister was notified that the application had been made.
(6H) If:
(a) an application is made to the Tribunal for a review of a decision under section 501; and
(b) the decision relates to a person in the migration zone;
the Tribunal must not have regard to any information presented orally in support of the person's case unless the information was set out in a written statement given to the Minister at least 2 business days before the Tribunal holds a hearing (other than a directions hearing) in relation to the decision under review.
(6J) If:
(a) an application is made to the Tribunal for a review of a decision under section 501; and
(b) the decision relates to a person in the migration zone;
the Tribunal must not have regard to any document submitted in support of the person's case unless a copy of the document was given to the Minister at least 2 business days before the Tribunal holds a hearing (other than a directions hearing) in relation to the decision under review. However, this does not apply to documents given to the person or Tribunal under subsection 501G(2) or subsection (6F) of this section.
(6K) If:
(a) an application is made to the Tribunal for a review of a decision under section 501 of this Act; and
(b) the decision relates to a person in the migration zone; and
(c) the Tribunal is of the opinion that particular documents, or documents included in a particular class of documents, may be relevant in relation to the decision under review;
then:
(d) the Tribunal may cause to be served on the Minister a notice in writing stating that the Tribunal is of that opinion and requiring the Minister to lodge with the Tribunal, within a time specified in the notice, 2 copies of each of those documents that is in the Minister's possession or under the Minister's control; and
(e) the Minister must comply with any such notice.
(6L) If:
(a) an application is made to the Tribunal for a review of a decision under section 501 of this Act; and
(b) the decision relates to a person in the migration zone; and
(c) the Tribunal has not made a decision under section 42A, 42B, 42C or 43 of the Administrative Appeals Tribunal Act 1975 in relation to the decision under review within the period of 84 days after the day on which the person was notified of the decision under review in accordance with subsection 501G(1);
the Tribunal is taken, at the end of that period, to have made a decision under section 43 of the Administrative Appeals Tribunal Act 1975 to affirm the decision under review.
(7) In this section, decision has the same meaning as in the Administrative Appeals Tribunal Act 1975 .
(8) In this section:
"business day" means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory; or
(d) a public holiday in the place concerned.
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