Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:1_43
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 37121–38651

43  Decisions that the Minister has agreed to reconsider

(1) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
 (a) before the commencement of this Schedule, an application has been made to a court for judicial review of a decision under section 349 of the Migration Act 1958; and
 (b) before the judicial review application was determined by the 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 under that section 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 as amended by this Act was made on the day of that commencement.

(2) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
 (a) before or after the commencement of this Schedule, an application has been or is made to a court for judicial review of a decision, made before that commencement, under section 349 of the Migration Act 1958; and
 (b) before the judicial review application was or is determined by the court, but after that commencement, the Minister agrees, in writing, to reconsider the decision;
the decision under that section 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 as amended by this Act was made on that day.