Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p52
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 130215–132989

section 115D another decision being:

   (a)     the decision sought by the applicant; or

   (b)     another decision in terms to which the applicant agrees;

whether or not the review officer had the power to make that other decision.

"(2) In exercising the power under subsection (1), the Minister is not bound by Subdivision AA or AC of Division 2 of Part 2 or by the regulations, but is bound by all other provisions of this Act.

"(3) The power under subsection (1) may only be exercised by the Minister personally.

"(4) If the Minister substitutes a decision under subsection (1), he or she is to cause to be laid before each House of the Parliament a statement that:

  (a)     sets out the decision of the review officer; and

  (b)     sets out the decision substituted by the Minister; and

    (c)     sets out the reasons for the Minister's decision, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

  "(5) A statement made under subsection (4) is not to include:

  (a)     the name of the applicant; or

    (b)     if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person.

"(6) A statement under subsection (4) is to be laid before each House of the Parliament within 15 sitting days of that House after:

    (a)     if the decision is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or

    (b)     if a decision is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

"(7) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.

"Division 2—Review of decisions by Immigration Review Tribunal

Decisions reviewable by Immigration Review Tribunal

"116.(1) Subject to subsection (2), the following decisions are IRT-reviewable decisions:

  (a)     decisions made by a review officer under section 115D;

  (b)     Part 3 reviewable decisions made by the Minister personally;

  (c)     other decisions prescribed to be IRT-reviewable decisions.

  "(2) The following decisions are not IRT-reviewable decisions:

    (a)     a decision in relation to which the Minister has issued a conclusive certificate under subsection (4) or 115A(3);

  (b)     an 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: