Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p77
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 194016–196798

to have applied to the Tribunal for review of the decision; and

    (b) the person who is the Minister for the purposes of the Migration Act 1958; and'.

Modification of section 37 of the AAT Act

"166HH. Section 37 of the AAT Act applies in relation to an RRT-reviewable decision as if:

    (a) subsections (1) to (1D) (inclusive) were omitted and the following subsections substituted:

     '(1) The Principal Member of the Refugee Review Tribunal must forward to the Administrative Appeals Tribunal all documents and other records relating to the proceeding before the Refugee Review Tribunal with respect to the RRT-reviewable decision within 14 days after receiving notice of the acceptance of the referral of the decision to the Administrative Appeals Tribunal.

     '(1A) Documents provided under subsection 166HA(3) of the Migration Act 1958 are taken to have been provided in accordance with subsection (1) of this section.'; and

  (b) subsection (4) were omitted.

Modification of section 38 of the AAT Act

"166HI. Section 38 of the AAT Act applies in relation to an RRT-reviewable decision as if the reference in that section to a statement referred to in paragraph 37(1)(a) that is lodged by a person with the Tribunal were a reference to a statement that was lodged with the Refugee Review Tribunal by a person under section 166BE of the Migration Act 1958.

Modification of section 43 of the AAT Act

"166HJ. Section 43 of the AAT Act applies in relation to an RRT-reviewable decision as if subsection (1) were omitted and the following subsections were substituted:

'(1) The Tribunal may, for the purposes of the review of a RRT-reviewable decision, exercise all the powers and discretions that are conferred by the Migration Act 1958 on the person who made the decision.

  '(1A) The Tribunal may:

  (a)     affirm the decision; or

  (b)     vary the decision; or

    (c)     if the decision relates to a matter prescribed for the purposes of paragraph 166BC(2)(c) of the Migration Act 1958—remit the matter for reconsideration in accordance with such directions or recommendations of the Tribunal as are permitted by the regulations under that Act; or

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

  '(1B) If the Tribunal:

  (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 appeals from decisions of the Tribunal) to be a decision of the Minister.

'(1C) To avoid doubt, the Tribunal 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 Migration Act 1958 or the regulations under that Act.

Only new information