Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p25
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 63329–66192

(ba) or (bb) of the definition of Part 3 reviewable decision;".

Application for review by Immigration Review Tribunal

  73. Section 117 of the Principal Act is amended:

    (a) by omitting from subparagraph (1)(b)(i) "or (b)" and substituting ", (b), (ba) or (bb)";

  (b) by inserting in subparagraph (1)(b)(ii) ", (d), (e) or (f)" after "(c)";

    (c) by omitting from paragraph (2)(a) "or (b)" and substituting ", (b), (ba) or (bb)";

  (d) by inserting in paragraph (2)(b) "or (f)" after "(c)";

    (e) by inserting after paragraph (2)(b) the following word and paragraph:

          "; or (c) if the decision is covered by paragraph (d) or (e) of that definition—the relative referred to in the paragraph concerned.";

    (f) by omitting from subsection (3) "or (b)" and substituting ", (b), (ba) or (bb)";

  (g) by inserting after subsection (3) the following subsection:

     "(3A) If the decision was covered by paragraph (ba) or (bb) of the definition of Part 3 reviewable decision, the approved form for an application for review must include a statement advising the applicant that the applicant may:

      (a) request the opportunity to appear before the Tribunal; and

        (b) request the Tribunal to obtain oral evidence from a specified person or persons.

    A request must be made in the approved form and must accompany the application for review.".

Review of assessments made under section 30

74. Section 120 of the Principal Act is amended by adding at the end the following subsection:

"(2) In determining whether the regulations mentioned in paragraph (1)(a) or (1)(b) are more favourable to the applicant, the only applicable pass mark and applicable pool mark that the Tribunal may have regard to are:

    (a) in relation to regulations covered by paragraph (1)(a)—the applicable pass mark and the applicable pool mark that applied at the time the assessment was made by the Minister; and

    (b) in relation to regulations covered by paragraph (1)(b)—the applicable pass mark and the applicable pool mark that applied at the time the decision is made by the Tribunal about the assessment.".

Secretary to be notified of application for review by Immigration Review Tribunal

  75. Section 122 of the Principal Act is amended:

     (a) by omitting from subsection (2) "The Secretary" and substituting "Subject to subsection (2A), the Secretary";

  (b) by inserting after subsection (2) the following subsection:

     "(2A) If the application is for review of a decision covered by paragraph (ba) or (bb) of the definition of Part 3 reviewable decision, the Secretary must comply with the requirements of subsection (2) within 2 working days after being notified of the application.".

Applicant may request Tribunal to call witness

76. Section 131 of the Principal Act is amended by adding at the end the following