Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An application may be made to the ART for review of:
(a) decisions of the Minister under section 200 because of circumstances specified in section 201, other than decisions to which a certificate under section 502 applies; or
(b) decisions of a delegate of the Minister under section 501 (subject to subsection (4A)); or
(ba) decisions of a delegate of the Minister under subsection 501CA(4) not to revoke a decision to cancel a visa; or
(c) a decision, other than a decision to which a certificate under section 502 applies, to refuse under section 65 to grant a protection visa, relying on:
(i) subsection 5H(2) or 36(1C); or
(ii) paragraph 36(2C)(a) or (b) of this Act.
(1A) Section 85 (ART may remit decision to decision - maker for reconsideration) of the ART Act does not apply in relation to a review by the ART of a decision referred to in subsection (1).
(2) A person is not entitled to make an application under paragraph (1)(a) unless:
(a) the person is an Australian citizen; or
(b) the person is a lawful non - citizen whose continued presence in Australia is not subject to any limitation as to time imposed by law.
(3) A person is not entitled to make an application under subsection (1) for review of a decision referred to in paragraph (1)(b) or (c) unless the person would be entitled to seek review of the decision by application under Part 5 if the decision had been made on another ground.
(4) The following decisions are not reviewable by application under Part 5:
(a) a decision under section 200 because of circumstances specified in section 201;
(b) a decision under section 501;
(c) a decision to refuse to grant a protection visa, or to cancel a protection visa, relying on:
(i) subsection 5H(2) or 36(1C); or
(ii) paragraph 36(2C)(a) or (b) of this Act.
(4A) The following decisions are not reviewable under this section, or by application under Part 5:
(a) a decision to refuse to grant a protection visa relying on subsection 36(1B);
(b) a decision to cancel a protection visa because of an assessment by the Australian Security Intelligence Organisation that the holder of the visa is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 );
(c) a decision of a delegate of the Minister under subsection 501(3A) to cancel a visa.
(6) Where an application has been made to the ART for the review of a decision under section 200 ordering the deportation of a person, the order for the deportation of the person shall not be taken for the purposes of section 253 to have ceased or to cease to be in force by reason only of any order that has been made by:
(a) the ART (for example, an order under subsection 32(2) (ART may stay operation or implementation) of the ART Act); or
(c) the Federal Court of Australia or a Judge of that Court under subsection 178(2) of that Act; or
(d) the Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court under subsection 178(2) of that Act, as it applies because of subsection 179(4) of that Act.
(6A) If a decision under section 501 of this Act, or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa, relates to a person in the migration zone, section 268 (requesting reasons for a reviewable decision from decision - maker) of the ART Act does not apply to the decision.
(6B) If a decision under section 501 of this Act, or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa, relates to a person in the migration zone, an application to the ART for a review of the decision must be lodged with the ART within 9 days after the day on which the person was notified of the decision in accordance with subsection 501G(1). Accordingly, sections 18 and 19 of the ART Act do not apply to the application.
(6C) If a decision under section 501, or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa, relates to a person in the migration zone, an application to the ART for a review of the decision must be accompanied by, or by a copy of:
(a) the document notifying the person of the decision in accordance with subsection 501G(1); and
(b) one of the sets of documents given to the person under subsection 501G(2) at the time of the notification of the decision.
(6CA) Subsection (6C) applies despite subsection 34(2) of the ART Act.
(6CB) A failure to comply with subsection (6C) in relation to an application does not affect the validity of the application.
(6D) If an application is made to the ART for a review of a decision under section 501, or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa, that relates to a person in the migration zone:
(a) the ART must give written notice of the application to:
(i) the applicant; and
(ii) the Secretary; and
(b) sections 21 and 23 of the ART Act do not apply to the decision or the application.
(6F) If:
(a) an application is made to the ART for a review of a decision under section 501 of this Act or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone;
then:
(c) the Minister must lodge with the ART, within 14 days after the day on which the Minister was notified that the application had been made, a copy of every document that:
(i) is in the Minister's possession or under the Minister's control; and
(ii) was relevant to the making of the decision; and
(iii) contains non - disclosable information; and
(d) the ART may have regard to that non - disclosable information for the purpose of reviewing the decision, but must not disclose that non - disclosable information to the person making the application.
(6FA) The ART may direct the Minister to lodge a specified number of additional copies of a document to which paragraph (6F)(c) applies within the period mentioned in that paragraph. The Minister must comply with the direction.
(6FB) Sections 24 and 26 of the ART Act do not apply in relation to an application to the ART for a review of a decision under section 501 or subsection 501CA(4) of this Act.
(6G) If:
(a) an application is made to the ART for a review of a decision under section 501 of this Act or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone;
the ART must not:
(c) hold a hearing (other than a directions hearing); or
(d) make a decision under section 105 of the ART Act;
in relation to the decision under review until at least 14 days after the day on which the Minister was notified that the application had been made.
(6H) If:
(a) an application is made to the ART for a review of a decision under section 501 or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone;
the ART must not have regard to any information presented orally in support of the person's case unless the information was set out in a written statement given to the Minister at least 2 business days before the ART holds a hearing (other than a directions hearing) in relation to the decision under review.
(6J) If:
(a) an application is made to the ART for a review of a decision under section 501 or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone;
the ART must not have regard to any document submitted in support of the person's case unless a copy of the document was given to the Minister at least 2 business days before the ART holds a hearing (other than a directions hearing) in relation to the decision under review. However, this does not apply to documents given to the person or ART under subsection 501G(2) or subsection (6F) of this section.
(6K) If:
(a) an application is made to the ART for a review of a decision under section 501 of this Act or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone; and
(c) the ART is of the opinion that particular documents, or documents included in a particular class of documents, may be relevant in relation to the decision under review;
then:
(d) the ART may cause to be served on the Minister a notice in writing stating that the ART is of that opinion and requiring the Minister to lodge with the ART, within a time specified in the notice, a copy, or the number of copies specified in the notice, of each of those documents that is in the Minister's possession or under the Minister's control; and
(e) the Minister must comply with any such notice.
(6L) If:
(a) an application is made to the ART for a review of a decision under section 501 of this Act or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone; and
(c) the ART has not made a decision under the provisions of the ART Act mentioned in subsection (6M) in relation to the decision under review within the period of 84 days after the day on which the person was notified of the decision under review in accordance with subsection 501G(1);
the ART is taken, at the end of that period, to have made a decision under section 105 of the ART Act to affirm the decision under review.
(6M) For the purposes of paragraph (6L)(c), the provisions of the ART Act are as follows:
(a) section 95 (applicant may withdraw application);
(b) section 96 (Tribunal may dismiss application if parties consent);
(c) section 97 (Tribunal must dismiss application if decision is not reviewable decision);
(d) section 98 (Tribunal may dismiss application if fee is not paid);
(e) section 99 (Tribunal may dismiss application if applicant does not appear);
(f) section 100 (Tribunal may dismiss application if applicant fails to comply with order etc.);
(g) section 101 (Tribunal may dismiss application if frivolous, vexatious etc);
(h) section 103 (if parties reach agreement--review of decisions only);
(i) section 105 (Tribunal decision on review of reviewable decision).
(7) In this section, decision has the same meaning as in the ART Act.
(8) In this section:
"business day" means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory; or
(d) a public holiday in the place concerned.