Document ID: chunk:federal_register_of_legislation:C2004A00620:clause:9_9
Version: federal_register_of_legislation:C2004A00620
Segment Type: clause
Provision Reference: sch 9 cl 9
Character Range: 23050–24698

9  Decision of Immigration Review Tribunal that the Minister has agreed to reconsider

(1) For the purposes of Part 8 of the Migration Act 1958, if:
 (a) before the commencement of this Schedule, an application had been made to the Federal Court for judicial review of a decision of the Immigration Review Tribunal; and
 (b) before the judicial review application was determined by that Court, and before that commencement, the Minister agreed, in writing, to reconsider the decision; and
 (c) no decision on that reconsideration was made before that commencement;
the decision that is to be reconsidered by the Minister is taken, on and after that commencement, to be an MRT‑reviewable decision in respect of which an application under section 347 of the Migration Act 1958 was made on the day of that commencement.

(2) For the purposes of Part 8 of the Migration Act 1958, if:
 (a) before or after the commencement of this Schedule, an application has been or is made to the Federal Court for judicial review of a decision of the Immigration Review Tribunal that was made before that commencement; and
 (b) before the judicial review application was or is determined by that Court, but after that commencement, the Minister agrees, in writing, to reconsider the decision;
 the decision that is to be reconsidered by the Minister is taken, on and after the day of the Minister's agreement, to be an MRT‑reviewable decision in respect of which an application under section 347 of the Migration Act 1958 was made on that day.

[Minister's second reading speech made in—
Senate on 31 March 1999
House of Representatives on 6 March 2000]

(63/99)