Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:1_338:p1
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 1 cl 338 (pt 1/2)
Character Range: 7695–10325

338  Decisions reviewable by Migration Review Tribunal

 (1) A decision is an MRT‑reviewable decision if this section so provides, unless:
 (a) the Minister has issued a conclusive certificate under section 339 in relation to the decision; or
 (b) the decision is an RRT‑reviewable decision.

 (2) A decision (other than a decision covered by subsection (4) or made under section 501) to refuse to grant a non‑citizen a visa is an MRT‑reviewable decision if:
 (a) the visa could be granted while the non‑citizen is in the migration zone; and
 (b) the non‑citizen made the application for the visa while in the migration zone; and
 (c) the decision was not made when the non‑citizen:
 (i) was in immigration clearance; or
 (ii) had been refused immigration clearance and had not subsequently been immigration cleared.

 (3) A decision to cancel a visa held by a non‑citizen who is in the migration zone at the time of the cancellation is an MRT‑reviewable decision unless the decision:
 (a) is covered by subsection (4); or
 (b) is made at a time when the non‑citizen was in immigration clearance; or
 (c) was made under subsection 134(1), (3A) or (4) or section 501.

 (4) The following decisions are MRT‑reviewable decisions:
 (a) a decision to refuse to grant a bridging visa to a non‑citizen who is in immigration detention because of that refusal;
 (b) a decision to cancel a bridging visa held by a non‑citizen who is in immigration detention because of that cancellation.

 (5) A decision to refuse to grant a non‑citizen a visa is an MRT‑reviewable decision if:
 (a) the visa is a visa that could not be granted while the non‑citizen is in the migration zone; and
 (b) the non‑citizen, as required by a criterion for the grant of the visa, was sponsored or nominated by:
 (i) an Australian citizen; or
 (ii) a company that operates in the migration zone; or
 (iii) a partnership that operates in the migration zone; or
 (iv) the holder of a permanent visa; or
 (v) a New Zealand citizen who holds a special category visa.

 (6) A decision to refuse to grant a non‑citizen a visa is an MRT‑reviewable decision if:
 (a) the visa is a visa that could not be granted while the non‑citizen is in the migration zone; and
 (b) a criterion for the grant of the visa is that the non‑citizen has been an Australian permanent resident; and
 (c) a parent, spouse, child, brother or sister of the non‑citizen is an Australian citizen or an Australian permanent resident.

 (7) A decision to refuse to grant a non‑citizen a visa is an MRT‑reviewable decision if:
 (a) the visa is a visa that could not be granted while the non‑citizen is