Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p24
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 60649–63588

in the paragraph concerned.".

Insertion of new section

69. After section 115D of the Principal Act the following section is inserted:

Code of procedure applies to review officer

"115DA. Subdivision AB of Division 2 of Part 2 applies in relation to a review by a review officer as if:

  (a) all references to the Minister were references to the review officer; and

    (b) all references to an applicant or to a visa applicant were references to an applicant for review; and

    (c) all references to an application were references to an application for review; and

  (d) subsection 26Y(2) were omitted; and

    (e) subsection 26ZB(1) were amended by omitting 'to the grant of a visa'.".

Notification of decision

  70. Section 115E of the Principal Act is amended:

  (a) by omitting subsection (2) and substituting the following subsection:

     "(2) Notification of a decision to grant a visa must include the address of the Departmental office that is responsible for providing evidence of the visa.";

  (b) by omitting subsection (3);

     (c) by omitting from subsection (4) "an application for a particular visa" and substituting "to grant a visa";

  (d) by inserting in paragraphs (4)(a) and (b)" grant of the" after "if the";

     (e) by omitting from paragraph (4)(b) "approval" and substituting "the grant of the visa";

     (f) by omitting from paragraph (4)(c) "the reasons" and substituting "written reasons (other than non-disclosable information)";

     (g) by omitting from paragraph (4)(c) "approval" and substituting "the grant of the visa";

     (h) by omitting from paragraph (5)(b) "remitted; and" and substituting "remitted.";

  (i) by omitting paragraph (5)(c).

Review of assessments made under section 30

71. Section 115F of the Principal Act is amended by adding at the end the following subsection:

"(2) In determining whether the regulations mentioned in paragraph (1)(a) or (1)(b) are more favourable to the applicant, the only applicable pass mark and applicable pool mark that the review officer may have regard to are:

     (a) in relation to regulations covered by paragraph (1)(a)—the applicable pass mark and the applicable pool mark that applied at the time the assessment was made by the Minister; and

     (b) in relation to regulations covered by paragraph (1)(b)—the applicable pass mark and the applicable pool mark that applied at the time the decision is made by the review officer about the assessment.".

Decisions reviewable by Immigration Review Tribunal

72. Section 116 of the Principal Act is amended by inserting after paragraph (1)(b) the following paragraph:

      "(ba) decisions covered by paragraph (ba) or (bb) of the definition of Part 3 reviewable decision;".

Application for review by Immigration Review Tribunal

  73. Section 117 of the Principal Act is amended:

    (a) by omitting from subparagraph (1)(b)(i) "or (b)" and substituting ", (b), (ba)