Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p64
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 160804–163603

under section 166HA to refer decisions to the AAT.

"Division 10—Registry and officers

Registry

"166K. The Minister is to cause a Registry of the Tribunal to be established.

Officers of Tribunal

"166KA.(1) There is to be a Registrar of the Tribunal and such other officers of the Tribunal as are required.

"(2) The Registrar and the other officers of the Tribunal are to be appointed by the Minister.

  "(3) The officers of the Tribunal have:

    (a)     such duties, powers and functions as are provided by this Act and the regulations; and

  (b)     such other duties and functions as the Principal Member directs.

"(4) The Registrar and the other officers of the Tribunal are to be persons appointed or employed under the Public Service Act 1922.

Acting appointments

"166KB.(1) The Minister may appoint a person appointed or employed under the Public Service Act 1922 to act in a Tribunal office:

  (a)     during a vacancy in the office; or

    (b)     during a period when the holder of the office is absent from duty.

  "(2) In this section:

'Tribunal office' means the office of the Registrar of the Tribunal, or the office of any other officer of the Tribunal appointed under section 166KA.".

32. After section 166A of the Principal Act the following Divisions are inserted:

"Division 2—Review of decisions by Refugee Review Tribunal

Decisions reviewable by Refugee Review Tribunal

"166B.(1) Subject to subsection (2), the following decisions are RRT-reviewable decisions:

    (a) a decision, made before 1 November 1993, that a non-citizen is not a refugee under the Refugees Convention as amended by

     the Refugees Protocol (other than such a decision made after a review by the Minister of an earlier decision that the person was not such a refugee);

     (b)     a decision, made before 1 November 1993, to refuse to grant, or to cancel, a visa, or entry permit (within the meaning of this Act as in force immediately before that date), a criterion for which is that the applicant for it is a non-citizen who has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made under Part 2A of the Migration (Review) Regulations);

  (c)     a decision not to approve an application for a protection visa;

  (d)     a decision to cancel a protection visa.

  "(2) The following decisions are not RRT-reviewable decisions:

    (a)     decisions made in relation to a non-citizen who is not physically present in the migration zone when the decision is made;

    (b)     decisions in relation to which the Minister has issued a conclusive certificate under subsection (3).

"(3) The Minister may issue a conclusive certificate in relation to a decision if the Minister believes that:

    (a)