Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p50
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 125127–127933

Part 3 reviewable decision—the non-citizen who is the subject of that decision; or

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

"(3) An application for review of a decision covered by paragraph (a) or (b) of the definition of Part 3 reviewable decision 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 internally-reviewable decisions (which may be decisions that relate to non-citizens in a specified place).

Review officer must review decisions

"115C.(1) Subject to subsection (2), if an application is properly made under section 115B for review of an internally-reviewable decision, a review officer must review the decision.

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

Powers of review officer

"115D.(1) The review officer may, for the purposes of the review of an internally-reviewable decision, exercise all the powers and discretions that are conferred by this Act on the person who made the decision.

  "(2) The review officer may:

  (a)     affirm the decision; or

  (b)     vary the decision; or

     (c)     if the decision relates to a prescribed matter—remit the matter for reconsideration in accordance with such directions or recommendations of the review officer as are permitted by the regulations; or

  (d)     set the decision aside and substitute a new decision.

  "(3) If the review officer:

  (a)     varies the decision; or

  (b)     sets aside the decision and substitutes a new decision;

the decision as varied or substituted is taken (except for the purpose of applications to the Tribunal for review) to be a decision of the Minister.

"(4) To avoid doubt, a review officer must not, by varying a decision or setting a decision aside and substituting a new decision, purport to make a decision that is not authorised by the Act or the regulations.

Notification of decision

"115E.(1) When the review officer makes a decision, he or she is to notify the applicant of the decision in the prescribed way.

"(2) Notification of a decision, the effect of which is to approve an application for a visa, must include:

    (a)     if there are any prescribed requirements or requirements under any other law of the Commonwealth for the grant that have to be met—particulars of them and a statement that the visa will not be granted unless they are met within a specified time; and

    (b)     the address of the office of the Department that will be responsible for granting the visa and