Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:4_28
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 4 cl 28
Character Range: 156771–157653

28  Application of fast track review process in relation to decisions based on complementary protection
(1) A decision made, before the day Part 1 of this Schedule commences, to refuse to grant a protection visa is not a fast track reviewable decision to the extent that:
 (a) the decision was made relying on paragraph 36(2)(aa) or (c) of the Migration Act 1958; and
 (b) the application for the visa is not finally determined before the day that Part commences; and
 (c) those paragraphs are repealed before the application is finally determined.
Note: For when an application is finally determined, see subsections 5(9) and (9A) of the Migration Act 1958.
(2) Subitem (1) does not prevent a decision to refuse to grant a protection visa from being a fast track reviewable decision to the extent that the decision was made relying on another provision in the Migration Act 1958.