Document ID: chunk:federal_register_of_legislation:C2024A00038:clause:16_37
Version: federal_register_of_legislation:C2024A00038
Segment Type: clause
Provision Reference: sch 16 cl 37
Character Range: 394988–396227

37  Part 7AA fast track review—excluded fast track review applicants
(1) Subitem (2) applies if:
 (a) before the transition time:
 (i) a person was an excluded fast track review applicant; and
 (ii) a decision had been made to refuse to grant a protection visa to the person, other than a decision to refuse to grant such a visa on the grounds mentioned in subparagraph 35(1)(c)(i) or (ii); and
 (b) after the transition time:
 (i) a court remits the decision to the Minister; and
 (ii) a decision has been made to refuse to grant a protection visa to the person, other than a decision to refuse to grant such a visa on the grounds mentioned in subparagraph 35(1)(c)(i) or (ii).
(2) The Minister must refer the decision to refuse to grant the protection visa to the ART as soon as reasonably practicable after the decision is made.
(3) If the Minister refers a decision to the ART under subitem (2):
 (a) the person is taken to have made an application to the ART under section 347 of the Migration Act 1958 (as amended by Schedule 2 to this Act), for a review of a reviewable protection decision; and
 (b) the application is taken to have been properly made under sections 347 and 347A of that Act (as amended by Schedule 2 to this Act).