Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p78
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 196564–199390

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 to be considered in later applications for review

  "166HK. If a non-citizen who has made:

    (a)     an application for review of an RRT-reviewable decision that has been determined by the Administrative Appeals Tribunal or the Refugee Review Tribunal; or

    (b)     applications for reviews of RRT-reviewable decisions that have been determined by the Administrative Appeals Tribunal, or the Refugee Review Tribunal;

makes a further application for review of an RRT-reviewable decision, the Administrative Appeals Tribunal, in considering the further application:

     (c)     is not required to consider any information considered in the earlier application or an earlier application; and

     (d)     may have regard to, and take to be correct, any decision that the Administrative Appeals Tribunal or the Refugee Review Tribunal made about or because of that information.

Minister may substitute more favourable decision

"166HL.(1) If the Minister thinks that it is in the public interest to do so, the Minister may substitute for a decision of the Administrative Appeals Tribunal in relation to an RRT-reviewable decision another decision, being a decision that is more favourable to the applicant, whether or not the Administrative Appeals Tribunal 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 Administrative Appeals Tribunal; 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 or any information that may identify 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