Document ID: chunk:federal_register_of_legislation:C2015A00035:clause:4_33
Version: federal_register_of_legislation:C2015A00035
Segment Type: clause
Provision Reference: sch 4 cl 33
Character Range: 43495–45556

33  Subsection 477(3) (paragraphs (b) and (c) of the definition of date of the migration decision)
Repeal the paragraphs, substitute:
 (b) in the case of a migration decision made by the Migration Review Tribunal—the day the decision is taken to have been made under subsection 362C(3), 368(2) or 368D(1); or
 (c) in the case of a migration decision made by the Refugee Review Tribunal—the day the decision is taken to have been made under subsection 426B(3), 430(2) or 430D(1); or

Part 2—Application

 34  Application of amendments

General rule
(1) Subject to subitem (2), the amendments of the Migration Act 1958 made by Part 1 apply in relation to an application to the Migration Review Tribunal or the Refugee Review Tribunal for review of a decision if:
 (a) the application is made on or after the commencement of this Schedule; or
 (b) the application was made before the commencement of this Schedule, but a decision on the review had not been made as at the commencement of this Schedule.

Amendments relating to dismissal of Tribunal applications
(2) The amendments of the Migration Act 1958 made by Part 1 that are covered by subitem (3) apply in relation to an application to the Migration Review Tribunal or the Refugee Review Tribunal for review of a decision if:
 (a) the application is made on or after the commencement of this Schedule; or
 (b) both:
 (i) the application was made before the commencement of this Schedule, but a decision on the review had not been made as at the commencement of this Schedule; and
 (ii) on or after the commencement of this Schedule, the applicant is invited to appear before the Migration Review Tribunal under section 360 of that Act, or the Refugee Review Tribunal under section 425 of that Act, as the case may be, for the purposes of the review.
(3) The following amendments of the Migration Act 1958 made by Part 1 of this Schedule are covered by this subitem:
 (a) amendments of sections 337, 349, 359AA, 359A, 362B, 410, 415, 424AA, 424A and 426A;
 (b) the insertion of new sections 362C and 426B.