Document ID: chunk:federal_register_of_legislation:C2004A00947:clause:1_198c
Version: federal_register_of_legislation:C2004A00947
Segment Type: clause
Provision Reference: sch 1 cl 198C
Character Range: 6234–8079

198C  Certain transitory persons entitled to assessment of refugee status

 (1) If a transitory person is brought to Australia under section 198B and remains in Australia for a continuous period of 6 months, then the person is entitled to make a request under this section.

 (2) The person may make a request to the Refugee Review Tribunal for an assessment of whether the person is covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol.

 (3) On receiving such a request, the Tribunal must notify the Secretary. The Tribunal cannot commence the assessment earlier than 14 days after notifying the Secretary.

 (4) The Tribunal cannot commence, or continue, the assessment at any time when a certificate by the Secretary is in force under section 198D.

 (5) Divisions 4, 6, 7 and 7A of Part 7 apply for the purposes of the assessment in the same way as they apply to a review by the Tribunal under Part 7.

 (6) Subject to section 441G, the Tribunal must notify the person and the Minister of its decision on the request.

 (7) The decision of the Tribunal is final and cannot be challenged in any court. However, this is not intended to affect the jurisdiction of the High Court under section 75 of the Constitution.

 (8) If the Tribunal decides that the person is covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol:
 (a) the Minister must determine a class of visa in relation to the person for the purposes of this subsection; and
 (b) if the person later makes an application for a visa of that class, then section 46B does not apply to the application.

 (9) A person who has made a request under this section is not entitled to make any further request under this section while the person remains in Australia.