Document ID: chunk:federal_register_of_legislation:C2004A00620:clause:9_8
Version: federal_register_of_legislation:C2004A00620
Segment Type: clause
Provision Reference: sch 9 cl 8
Character Range: 21660–23050

8  Decision of Immigration Review Tribunal quashed or set aside and matter to which decision relates referred for further consideration

(1) For the purposes of Part 8 of the Migration Act 1958, if:
 (a) before the commencement of this Schedule, a decision of the Immigration Review Tribunal was quashed or set aside under that Part by the Federal Court; and
 (b) the matter to which the decision related was referred by that Court for further consideration; and
 (c) no decision on that further consideration was made before that commencement;
the decision that was reviewed by the Immigration Review Tribunal is taken, on and after that commencement, to be an MRT‑reviewable decision in respect of which an application under section 347 of the Migration Act 1958 was made on the day of that commencement.

(2) For the purposes of Part 8 of the Migration Act 1958, if:
 (a) after the commencement of this Schedule, a decision of the Immigration Review Tribunal made before that commencement is quashed or set aside by the Federal Court; and
 (b) the matter to which the decision related is referred by that Court for further consideration;
the decision that was reviewed by the Immigration Review Tribunal is taken, on and after the day of the referral, to be an MRT‑reviewable decision in respect of which an application under section 347 of the Migration Act 1958 was made on that day.