Document ID: chunk:federal_register_of_legislation:C2024C00800:section:500:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 500 (pt 1/5)
Character Range: 1245129–1247748

500  Review of decision
 (1) An application may be made to the ART for review of:
 (a) decisions of the Minister under section 200 because of circumstances specified in section 201, other than decisions to which a certificate under section 502 applies; or
 (b) decisions of a delegate of the Minister under section 501 (subject to subsection (4A)); or
 (ba) decisions of a delegate of the Minister under subsection 501CA(4) not to revoke a decision to cancel a visa; or
 (c) a decision, other than a decision to which a certificate under section 502 applies, to refuse under section 65 to grant a protection visa, relying on:
 (i) subsection 5H(2) or 36(1C); or
 (ii) paragraph 36(2C)(a) or (b) of this Act.
 (1A) Section 85 (ART may remit decision to decision‑maker for reconsideration) of the ART Act does not apply in relation to a review by the ART of a decision referred to in subsection (1).
 (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 by application under Part 5 if the decision had been made on another ground.
 (4) The following decisions are not reviewable by application under Part 5:
 (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) subsection 5H(2) or 36(1C); or
 (ii) paragraph 36(2C)(a) or (b) of this Act.
 (4A) The following decisions are not reviewable under this section, or by application under Part 5:
 (a) a decision to refuse to grant a protection visa relying on subsection 36(1B);
 (b) a decision to cancel a protection visa because of an assessment by the Australian Security Intelligence Organisation that the holder of the visa is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);
 (c) a decision of a delegate of the Minister under subsection 501(3A) to cancel a visa.
 (6) Where an application has been made to the ART 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