Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p65
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 163342–166207

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)     it would be contrary to the public interest to change the decision, because any change in the decision would prejudice the security, defence or international relations of Australia; or

    (b)     it would be contrary to the public interest for the decision to be reviewed because such review would require consideration by the Tribunal of deliberations or decisions of the Cabinet or of a committee of the Cabinet.

Application for review by the Refugee Review Tribunal

"166BA.(1) An application for review of an RRT-reviewable decision must:

  (a)     be made in the approved form; and

    (b)     be given to the Tribunal within the period prescribed, being a period ending not later than 28 days after the notification of the decision; and

  (c)     be accompanied by the prescribed fee (if any).

"(2) An application for review may only be made by the non-citizen who is the subject of the primary decision.

"(3) An application for review may only be made by a non-citizen who is physically present in the migration zone when the application for review is made.

"(4) Regulations made for the purposes of paragraph (1)(b) may specify different periods in relation to different classes of RRT-reviewable decisions (which may be decisions that relate to non-citizens in a specified place).

Refugee Review Tribunal must review decisions

"166BB.(1) Subject to subsection (2), if a valid application is made under section 166BA for review of an RRT-reviewable decision, the Tribunal must review the decision.

"(2) The Tribunal must not review, or continue to review, a decision in relation to which the Minister has issued a conclusive certificate under subsection 166B(3).

Powers of Refugee Review Tribunal

"166BC.(1) The Tribunal may, for the purposes of the review of an RRT-reviewable decision, exercise all the powers and discretions that are conferred by this Act on the person who made the decision.

  "(2) The Tribunal may:

  (a)     affirm the decision; or

  (b)     vary the decision; or

    (c)     if the decision relates to a prescribed matter—remit the matter for reconsideration in accordance with such directions or recommendations of the Tribunal as are permitted by the regulations; or

  (d)     set the decision aside and substitute a new decision.

  "(3) If the Tribunal:

  (a)     varies the decision; or

  (b)     sets aside the decision and substitutes a new decision;

the decision as varied or substituted is taken (except for the purpose of appeals from decisions of the Tribunal) to be a decision of the Minister.

"(4) To avoid doubt, the Tribunal must