Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p79
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 199154–202033

that other person or any information that may identify that other person.

"(6) A statement under subsection (4) is to be laid before each House of the Parliament within 15 sitting days of that House after:

     (a)     if the decision is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or

     (b)     if a decision is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

"(7) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.

Provision of material to which section 166GC applies

"166HM. If the Refugee Review Tribunal gives to the Administrative Appeals Tribunal a document or information to which section 166GC of this Act applies, the Refugee Review Tribunal must give the Administrative Appeals Tribunal written notice of the application of that section.

Section 9 of AAT Act not to apply to Principal Member

"166HN. In spite of anything in this Act or in any other enactment, section 9 of the AAT Act does not apply to the Principal Member of the Refugee Review Tribunal.".

33. After section 166KC of the Principal Act the following Part is inserted:

"PART 4B—REVIEW OF DECISIONS BY FEDERAL COURT

"Division 1—Interpretation

Interpretation

  "166L. In this Part:

'judicially-reviewable decision' has the meaning given by section 166LA.

"Division 2—Review of decisions by Federal Court

Decisions reviewable by Federal Court

"166LA.(1) Subject to subsection (2), the following decisions are judicially-reviewable decisions:

  (a)     decisions of the Immigration Review Tribunal;

  (b)     decisions of the Refugee Review Tribunal;

    (c)     other decisions made under this Act, or the regulations, relating to visas.

  "(2) The following decisions are not judicially-reviewable decisions:

    (a)     a decision in relation to a criminal justice visa or a criminal justice certificate within the meaning of Division 3 of Part 2;

  (b)    an internally-reviewable decision;

  (c)     an IRT-reviewable decision;

  (d)    an RRT-reviewable decision;

    (e)     a decision of the Minister not to exercise, or not to consider the exercise of, his or her power under section 115F, 121, 150L, 166BD or 166HL;

     (f)     a decision of the Principal Member of the Immigration Review Tribunal or of the Principal Member of the Refugee Review Tribunal to refer a matter to the Administrative Appeals Tribunal;

     (g)    a decision of the President of the Administrative Appeals Tribunal to accept, or not to accept, the referral of a decision under section 150C or 166HB.

Application for review

"166LB.(1) Subject to subsection (2), application may be made for review by the Federal Court of