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MIGRATION ACT 1958 - SECT 336P

Interaction with the ART Act

  (1)   Subject to section   357A of this Act, the ART Act applies in relation to a review by the ART of reviewable migration decisions and reviewable protection decisions unless this Part expressly provides otherwise.

  (2)   The following provisions of the ART Act do not apply in relation to the review by the ART of reviewable migration decisions or reviewable protection decisions:

  (a)   paragraph   21(2)(b) (notice of application to decision - maker);

  (b)   paragraph   21(2)(c) (notice of application to other persons made a party to the proceedings);

  (c)   subsection   21(3) (notice of application and right to apply to become a party);

  (d)   section   23 (decision - maker must give Tribunal reasons and documents--general rule);

  (e)   section   24 (decision - maker must give Tribunal additional statement if Tribunal requires--general rule);

  (f)   section   25 (decision - maker must give Tribunal additional documents within 28 days--general rule);

  (g)   section   27 (decision - maker must give copies of reasons and documents to other parties--general rule);

  (h)   section   32 (reviewable decision continues to operate unless Tribunal orders otherwise);

  (i)   section   85 (tribunal may remit decision to decision - maker for reconsideration);

  (j)   section   103 (if parties reach agreement--review of decisions only);

  (k)   section   107 (when Tribunal's decision on review comes into operation);

  (l)   section   294 (legal or financial assistance), unless the review is of a decision referred to the guidance and appeals panel by the President of the ART under section   122 of the ART Act.

Note:   Other provisions of this Part turn off or otherwise modify the operation of other provisions of the ART Act.



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