Document ID: chunk:federal_register_of_legislation:C2023A00001:clause:1_5:p1
Version: federal_register_of_legislation:C2023A00001
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 1/2)
Character Range: 5765–8501

5  Effect of validation on review and appeal rights

Taking action after commencement where no action taken before commencement
(1) If:
 (a) one or more provisions of the Migration Act 1958 or the Migration Regulations 1994 have the effect that a person is able to take any of the following actions in relation to a validated decision only during a particular period (the original period):
 (i) making representations about the revocation of the decision;
 (ii) applying for the revocation or review of the decision;
 (iii) bringing an appeal against the decision;
 (iv) applying to a court for a remedy in relation to the decision;
 (v) taking any other action for the purpose of having the decision varied, revoked, quashed or set aside; and
 (b) the original period started before commencement and did not end before 22 December 2022; and
 (c) the person did not take the action before commencement;
then the person may take the action on or after commencement as if the period for taking the action:
 (d) started on commencement; and
 (e) were the same length as the original period.
Note: 22 December 2022 is the day the Full Court of the Federal Court of Australia gave judgment in Pearson v Minister for Home Affairs [2022] FCAFC 203.

Opportunity to take fresh action after commencement where action of the same kind discontinued etc. before commencement
(2) If:
 (a) before commencement, a person took any of the following kinds of action (the pre‑commencement action) in relation to a validated decision:
 (i) making representations about the revocation of the decision;
 (ii) applying for the revocation or review of the decision;
 (iii) bringing an appeal against the decision;
 (iv) applying to a court for a remedy in relation to the decision;
 (v) taking any other action for the purpose of having the decision varied, revoked, quashed or set aside; and
 (b) any of the following events occurred during the period starting on 22 December 2022 and ending at commencement:
 (i) the representations were, or the application, appeal or other action was, withdrawn or otherwise discontinued by the person;
 (ii) the representations were, or the application, appeal or other action was, dismissed, refused or not considered for the reason (or for reasons that include) that the validated decision was invalid;
then the following paragraphs have effect:
 (c) the person may, on or after commencement, take fresh action of the same kind in relation to the validated decision, despite the taking of the pre‑commencement action and the event mentioned in paragraph (b);
 (d) if one or more provisions of the Migration Act 1958 or the Migration Regulations 1994 have the effect that the person is able to take action of that kind in