Document ID: chunk:federal_register_of_legislation:C2004A04614:body:0:p6
Version: federal_register_of_legislation:C2004A04614
Segment Type: other
Provision Reference: 
Character Range: 13136–16172

'initial review decision') on the review was made before the commencement of this section;

            (B) the initial review decision was quashed or set aside by a court before the commencement of this section;

            (C) the matter to which the initial review decision relates was referred by the court for further consideration;

            (D) no decision on that further consideration was made before the commencement of this section;

     (iii) all of the following sub-subparagraphs apply:

            (A) a decision (the 'initial review decision') on the review was made before the commencement of this section;

            (B) the initial review decision is quashed or set aside by a court after the commencement of this section;

            (C) the matter to which the initial review decision relates is referred by the court for further consideration;

     (iv) all of the following sub-subparagraphs apply:

            (A) a decision (the 'initial review decision') on the review was made before the commencement of this section;

            (B) an application for judicial review (the 'judicial review application') of the initial review decision was made before the commencement of this section;

            (C) before the judicial review application was or is determined by the court, the Minister agreed or agrees, in writing, to reconsider the initial review decision;

            (D) no decision on that reconsideration was made before the commencement of this section;

      (v) all of the following sub-subparagraphs apply:

            (A) a decision (the 'initial review decision') on the review was made before the commencement of this section;

            (B) an application for judicial review (the 'judicial review application') of the initial review decision is made after the commencement of this section;

            (C) before the judicial review application is determined by the court, the Minister agrees in writing to reconsider the initial review decision.

"(2) A valid application is taken to have been made under section 166BA for review of the RRT-reviewable decision.

"(3) No action is to be taken to review the RRT-reviewable decision otherwise than under this Part.

"(4) This section has effect despite any other provision of this Act or the regulations.

"(5) A reference in this section (other than sub-subparagraphs (1)(c)(iv)(B) or (1)(c)(v)(B)) to review does not include a reference to judicial review.".

   Note: Under section 2, the commencement date of this provision is the day on which this Act receives the Royal Assent.

Division 6—Amendments relating to pre-commencement decisions made by members of the Refugee Review Tribunal in their capacity as delegates of the Minister

Object of Division

31. The object of this Division is to provide that certain decisions made by members of the Refugee Review Tribunal in their capacity as delegates of the Minister are to be treated as if they were decisions of the Tribunal for certain purposes.

   Note: Under