Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p53
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 132732–135618

RRT-reviewable decision.

"(3) A decision may not be prescribed as an IRT-reviewable decision unless the decision is a Part 3 reviewable decision.

"(4) The Minister may issue a conclusive certificate in relation to a decision if the Minister believes that:

    (a)     it would be contrary to the public interest to change the decision, because any change in the decision would prejudice the security, defence or international relations of Australia; or

    (b)     it would be contrary to the public interest for the decision to be reviewed because such review would require consideration by the Tribunal of deliberations or decisions of the Cabinet or of a committee of the Cabinet.

Application for review by Immigration Review Tribunal

"117.(1) An application for review of an IRT-reviewable decision must:

  (a)     be made in the approved form; and

    (b)     be given to the Tribunal within the prescribed period, being a period ending not later than:

         (i) if the primary decision is covered by paragraph (a) or (b) of the definition of Part 3 reviewable decision—28 days after the notification of the IRT-reviewable decision; or

          (ii) if the primary decision is covered by paragraph (c) of that definition—70 days after the notification of the IRT-reviewable decision; and

  (c) be accompanied by the prescribed fee (if any).

  "(2) An application for review may only be made by:

     (a)     if the primary decision is covered by paragraph (a) or (b) of the definition of Part 3 reviewable decision—the non-citizen who is the subject of that decision; or

     (b)     if the primary decision is covered by paragraph (c) of that definition—the sponsor or nominator.

"(3) If the primary decision was covered by paragraph (a) or (b) of the definition of Part 3 reviewable decision, an application for review may only be made by a non-citizen who is physically present in the migration zone when the application for review is made.

"(4) Regulations made for the purposes of paragraph (1)(b) may specify different periods in relation to different classes of IRT-reviewable decisions (which may be decisions that relate to non-citizens in a specified place).

Immigration Review Tribunal must review decisions

"118.(1) Subject to subsection (2), if an application is properly made under section 117 for review of an IRT-reviewable decision, the Tribunal must review the decision.

"(2) The Tribunal must not review, or continue to review, a decision in relation to which the Minister has issued a conclusive certificate under subsection 115A(3) or 116(4).

Powers of Immigration Review Tribunal

"119.(1) The Tribunal may, for the purposes of the review of an IRT-reviewable decision, exercise all the powers and discretions that are conferred by this Act on the person who made the decision.

  "(2) The Tribunal may:

  (a)     affirm the decision;