Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p49
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 122418–125382

127, is to preside at the review; or

    (b)    if the Tribunal is, for the purpose of the review, constituted by one member—that member;

'Principal Member' means the Principal Member of the Tribunal;

'Registrar' means the Registrar of the Tribunal;

'review officer' means an officer of the Department:

    (a)     declared by the Secretary, in writing specifying the officer, to be a review officer for the purposes of this definition; or

    (b)     holding, or performing the duties of, a position in the Department declared by the Secretary, in writing identifying the position, to be the position of a review officer for the purposes of this definition;

'sponsored' has the same meaning as in the regulations;

'Senior Member' means a Senior Member of the Tribunal;

'Tribunal' means the Immigration Review Tribunal.

"Division 1—Internal review of decisions

Internally-reviewable decisions

"115A.(1) Subject to subsection (2), Part 3 reviewable decisions are internally-reviewable decisions.

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

  (a)     a decision made by the Minister personally;

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

  (c)     a decision prescribed to be an IRT-reviewable decision;

  (d)     an RRT-reviewable decision.

"(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 review officer of deliberations or decisions of the Cabinet or of a committee of the Cabinet.

Application for internal review

"115B.(1) An application for review of an internally-reviewable decision must:

  (a)     be made in writing in the form approved by the Secretary; and

    (b)     be given to the Secretary, at a prescribed place, within the prescribed period, being a period ending not later than:

         (i) if the decision is covered by paragraph (a) or (b) of the definition of Part 3 reviewable decision—28 days after the notification of the decision; or

          (ii) if the decision is covered by paragraph (c) of that definition—70 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:

     (a) if the decision is covered by paragraph (a) or (b) of the definition of Part 3 reviewable decision—the non-citizen who is the subject of that decision; or

        (b) if the decision is covered by paragraph (c) of that definition—the sponsor or nominator.

"(3) An application for review of a decision covered by paragraph (a)