Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 5(1) (definition of internally - reviewable decision )
Repeal the definition.
2 Subsection 5(1) (definition of IRT - reviewable decision )
Repeal the definition.
3 Subsection 114(1)
Omit ", or a review officer within the meaning of Part 5,".
4 Paragraph 178(2)(b)
Omit "345,".
5 Section 275 (paragraph (b) of the definition of review authority )
Omit "or".
6 Section 275 (paragraph (c) of the definition of review authority )
Repeal the paragraph.
7 Section 337
Insert:
"MRT-reviewable decision" has the meaning given in Division 2.
8 Section 337 (definition of Part 5 reviewable decision )
Repeal the definition.
9 Section 337 (definition of review officer )
Repeal the definition.
10 Division 2 of Part 5
Repeal the Division, substitute:
Division 2 -- Decisions reviewable by Migration Review Tribunal
338 Decisions reviewable by Migration Review Tribunal
(1) A decision is an MRT - reviewable decision if this section so provides, unless:
(a) the Minister has issued a conclusive certificate under section 339 in relation to the decision; or
(b) the decision is an RRT - reviewable decision.
(2) A decision (other than a decision covered by subsection (4) or made under section 501) to refuse to grant a non - citizen a visa is an MRT - reviewable decision if:
(a) the visa could be granted while the non - citizen is in the migration zone; and
(b) the non - citizen made the application for the visa while in the migration zone; and
(c) the decision was not made when the non - citizen:
(i) was in immigration clearance; or
(ii) had been refused immigration clearance and had not subsequently been immigration cleared.
(3) A decision to cancel a visa held by a non - citizen who is in the migration zone at the time of the cancellation is an MRT - reviewable decision unless the decision:
(a) is covered by subsection (4); or
(b) is made at a time when the non - citizen was in immigration clearance; or
(c) was made under subsection 134(1), (3A) or (4) or section 501.
(4) The following decisions are MRT - reviewable decisions :
(a) a decision to refuse to grant a bridging visa to a non - citizen who is in immigration detention because of that refusal;
(b) a decision to cancel a bridging visa held by a non - citizen who is in immigration detention because of that cancellation.
(5) A decision to refuse to grant a non - citizen a visa is an MRT - reviewable decision if:
(a) the visa is a visa that could not be granted while the non - citizen is in the migration zone; and
(b) the non - citizen, as required by a criterion for the grant of the visa, was sponsored or nominated by:
(i) an Australian citizen; or
(ii) a company that operates in the migration zone; or
(iii) a partnership that operates in the migration zone; or
(iv) the holder of a permanent visa; or
(v) a New Zealand citizen who holds a special category visa.
(6) A decision to refuse to grant a non - citizen a visa is an MRT - reviewable decision if:
(a) the visa is a visa that could not be granted while the non - citizen is in the migration zone; and
(b) a criterion for the grant of the visa is that the non - citizen has been an Australian permanent resident; and
(c) a parent, spouse, child, brother or sister of the non - citizen is an Australian citizen or an Australian permanent resident.
(7) A decision to refuse to grant a non - citizen a visa is an MRT - reviewable decision if:
(a) the visa is a visa that could not be granted while the non - citizen is in the migration zone; and
(b) a criterion for the grant of the visa is that the non - citizen intends to visit an Australian citizen, or an Australian permanent resident, who is a parent, spouse, child, brother or sister of the non - citizen; and
(c) particulars of the relative concerned are included in the application.
(8) A decision, under section 93, as to the assessed score of an applicant for a visa is an MRT - reviewable decision if:
(a) the visa is a visa that could not be granted while the applicant is in the migration zone; and
(b) the applicant, as required by a criterion for the grant of the visa, was sponsored or nominated by:
(i) an Australian citizen; or
(ii) the holder of a permanent visa; or
(iii) a New Zealand citizen who holds a special category visa; and
(c) the Minister has not refused to grant the visa.
(9) A decision that is prescribed for the purposes of this subsection is an MRT - reviewable decision .
The Minister may issue a conclusive certificate in relation to the decision if the Minister thinks 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.
11 Division 3 of Part 5 (heading)
Repeal the heading, substitute:
Division 3 -- Review of decisions by Migration Review Tribunal
12 Section 346
Repeal the section.
13 Subparagraphs 347(1)(b)(i) and (ii)
Repeal the subparagraphs, substitute:
(i) if the MRT - reviewable decision is covered by subsection 338(2), (3) or (4)--28 days after the notification of the decision; or
(ii) if the MRT - reviewable decision is covered by subsection 338(5), (6), (7) or (8)--70 days after the notification of the decision; or
(iii) if the MRT - reviewable decision is covered by subsection 338(9)--the number of days prescribed, in respect of the kind of decision in question prescribed for the purposes of that subsection, after the notification of the decision; and
14 Subsection 347(2)
Repeal the subsection, substitute:
(2) An application for review may only be made by:
(a) if the MRT - reviewable decision is covered by subsection 338(2), (3) or (4)--the non - citizen who is the subject of that decision; or
(b) if the MRT - reviewable decision is covered by subsection 338(5) or (8)--the sponsor or nominator referred to in the subsection concerned; or
(c) if the MRT - reviewable decision is covered by subsection 338(6) or (7)--the relative referred to in the subsection concerned; or
(d) if the MRT - reviewable decision is covered by subsection 338(9)--the person prescribed in respect of the kind of decision in question prescribed for the purposes of that subsection.
15 Subsection 347(3)
Omit "the primary decision was covered by paragraph (a), (b), (c) or (d) of the definition of Part 5 reviewable decision", substitute "the MRT - reviewable decision was covered by subsection 338(2), (3) or (4)".
16 Subsection 347(4)
Omit "the decision was covered by paragraph (c) or (d) of the definition of Part 5 reviewable decision", substitute "the MRT - reviewable decision was covered by subsection 338(4)".
17 Subsection 347(5)
Omit "IRT - reviewable decisions", substitute "MRT - reviewable decisions".
18 Subsection 348(2)
Omit "subsection 338(3) or 346(4)", substitute "section 339".
19 Subsection 352(3)
Omit "a decision covered by paragraph (c) or (d) of the definition of Part 5 reviewable decision", substitute "an MRT - reviewable decision covered by subsection 338(4)".
20 At the end of section 353A
Add:
(2) In particular, the directions may relate to the application of efficient processing practices to the conduct of reviews by the Tribunal.
(3) The Tribunal should, as far as practicable, comply with the directions. However, non - compliance by the Tribunal with any direction does not mean that the Tribunal's decision on a review is an invalid decision.
(4) If the Tribunal deals with a review of a decision in a way that complies with the directions, the Tribunal is not required to take any other action in dealing with the review.
21 After section 355
Insert:
355A Reconstitution of Tribunal for efficient conduct of review
(1) The Principal Member may direct that the Tribunal constituted for the purpose of a particular review be reconstituted by either or both of the following:
(a) adding one or more members to the Tribunal as previously constituted for the purpose of the review;
(b) removing one or more members from the Tribunal as so constituted;
if the Principal Member thinks the reconstitution is in the interests of achieving the efficient conduct of the review in accordance with the objective set out in subsection 353(1).
(2) However, the Principal Member must not give such a direction unless:
(a) the Tribunal's decision on the review has not been recorded in writing or given orally; and
(b) the Principal Member has consulted:
(i) the member, or each member, who constitutes the Tribunal; and
(ii) a Senior Member who is not the member, or one of the members, who constitutes the Tribunal; and
(c) either:
(i) the Principal Member is satisfied that there is insufficient material before the Tribunal for the Tribunal to reach a decision on the review; or
(ii) a period equal to or longer than the period prescribed for the purposes of this subparagraph has elapsed since the Tribunal was constituted.
(3) If a direction under this section is given, the Tribunal as constituted in accordance with the direction is to continue and finish the review and may, for that purpose, have regard to any record of the proceedings of the review made by the Tribunal as previously constituted.
Note: The heading to section 355 is altered by adding at the end " --unavailability of member ".
22 Sections 359 and 360
Repeal the sections, substitute:
359 Tribunal may seek additional information
(1) In conducting the review, the Tribunal may get any information that it considers relevant. However, if the Tribunal gets such information, the Tribunal must have regard to that information in making the decision on the review.
(2) Without limiting subsection (1), the Tribunal may invite a person to give additional information.
(3) Subject to subsection (4), an invitation to an applicant must be given to the applicant by one of the methods specified in section 379A.
(4) Subsection (3) does not apply if the applicant is in immigration detention because of:
(a) a decision to refuse to grant him or her a bridging visa; or
(b) a decision to cancel his or her bridging visa.
359A Applicant must be given certain information
(1) Subject to subsection (2), the Tribunal must:
(a) give to the applicant, in the way that the Tribunal considers appropriate in the circumstances, particulars of any information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review; and
(b) ensure, as far as is reasonably practicable, that the applicant understands why it is relevant to the review; and
(c) invite the applicant to comment on it.
(2) Subject to subsection (3), the invitation must be given to the applicant by one of the methods specified in section 379A.
(3) Subsection (2) does not apply if the applicant is in immigration detention because of:
(a) a decision to refuse to grant him or her a bridging visa; or
(b) a decision to cancel his or her bridging visa.
(4) This section does not apply to information:
(a) that is not specifically about the applicant or another person and is just about a class of persons of which the applicant or other person is a member; or
(b) that the applicant gave for the purpose of the application; or
(c) that is non - disclosable information.
359B Invitation to give additional information or comments
(1) If a person is:
(a) invited under section 359 to give additional information; or
(b) invited under section 359A to comment on information;
the invitation is to specify the way in which the additional information or the comments may be given, being the way the Tribunal considers is appropriate in the circumstances.
(2) If the invitation is to give additional information or comments otherwise than at an interview, the information or comments are to be given within a period specified in the invitation, being a prescribed period or, if no period is prescribed, a reasonable period.
(3) If the invitation is to give information or comments at an interview, the interview is to take place:
(a) at the place specified in the invitation; and
(b) at a time specified in the invitation, being a time within a prescribed period or, if no period is prescribed, a reasonable period.
(4) If a person is to respond to an invitation within a prescribed period, the Tribunal may extend that period for a prescribed further period, and then the response is to be made within the extended period.
(5) If a person is to respond to an invitation at an interview at a time within a prescribed period, the Tribunal may change that time to:
(a) a later time within that period; or
(b) a time within that period as extended by the Tribunal for a prescribed further period;
and then the response is to be made at an interview at the new time.
359C Failure to give additional information or comments
(1) If a person:
(a) is invited under section 359 to give additional information; and
(b) does not give the information before the time for giving it has passed;
the Tribunal may make a decision on the review without taking any further action to obtain the additional information.
(2) If the applicant:
(a) is invited under section 359A to comment on information; and
(b) does not give the comments before the time for giving them has passed;
the Tribunal may make a decision on the review without taking any further action to obtain the applicant's views on the information.
360 Tribunal must invite applicant to appear
(1) The Tribunal must invite the applicant to appear before the Tribunal to give evidence and present arguments relating to the issues arising in relation to the decision under review.
(2) Subsection (1) does not apply if:
(a) the Tribunal considers that it should decide the review in the applicant's favour on the basis of the material before it; or
(b) the applicant consents to the Tribunal deciding the review without the applicant appearing before it; or
(c) subsection 359C(1) or (2) applies to the applicant.
(3) If any of the paragraphs in subsection (2) of this section apply, the applicant is not entitled to appear before the Tribunal.
360A Notice of invitation to appear
(1) If the applicant is invited to appear before the Tribunal, the Tribunal must give the applicant notice of the day on which, and the time and place at which, the applicant is scheduled to appear.
(2) Subject to subsection (3), the notice must be given to the applicant by one of the methods specified in section 379A.
(3) Subsection (2) does not apply if the applicant is in immigration detention because of:
(a) a decision to refuse to grant him or her a bridging visa; or
(b) a decision to cancel his or her bridging visa.
(4) The period of notice given must be at least the prescribed period or, if no period is prescribed, a reasonable period.
(5) The notice must contain a statement of the effect of section 362B.
23 Subsection 361(1)
Omit "Where section 359 does not apply", substitute "In the notice under section 360A".
24 Paragraph 361(1)(a)
Omit "entitled", substitute "invited".
25 Subsection 361(4)
Omit "paragraph (c) or (d) of the definition of Part 5 reviewable decision", substitute "subsection 338(4)".
26 Subsection 362(1)
Omit "paragraph (c) or (d) of the definition of Part 5 reviewable decision", substitute "subsection 338(4)".
27 Paragraph 362(1)(b)
Repeal the paragraph, substitute:
(b) the applicant has been invited to appear before the Tribunal in relation to the decision under review.
28 Section 362A
Repeal the section, substitute:
362A Applicant entitled to have access to written material before Tribunal
(1) Subject to subsections (2) and (3) of this section and sections 375A and 376, the applicant, and any assistant under section 366A, are entitled to have access to any written material, or a copy of any written material, given or produced to the Tribunal for the purposes of the review.
(2) This section does not override any requirements of the Privacy Act 1988 . In particular, this section is not to be taken, for the purposes of that Act, to require or authorise the disclosure of information.
(3) This section does not apply if the Tribunal has given the applicant a copy of the statement required by subsection 368(1).
362B Failure of applicant to appear before Tribunal
(1) If the applicant:
(a) is invited under section 360 to appear before the Tribunal; and
(b) does not appear before the Tribunal on the day on which, or at the time and place at which, the applicant is scheduled to appear;
the Tribunal may make a decision on the review without taking any further action to allow or enable the applicant to appear before it.
(2) This section does not prevent the Tribunal from rescheduling the applicant's appearance before it, or from delaying its decision on the review in order to enable the applicant's appearance before it as rescheduled.
29 Subsection 365(1)
Repeal the subsection, substitute:
(1) Subject to this section, any oral evidence that the Tribunal takes while a person is appearing before it must be taken in public.
30 Subsection 366(1)
Omit "a person to appear before the Tribunal, or to give evidence,", substitute "an appearance by the applicant before the Tribunal, or the giving of evidence by the applicant or any other person, to be".
31 Subsection 367(1)
Omit "a decision covered by paragraph (c) or (d) of the definition of Part 5 reviewable decision", substitute "an MRT - reviewable decision covered by subsection 338(4)".
32 Subsection 368(1)
Omit "paragraph 375A(2)(b)", substitute "paragraphs 375A(2)(b) and 376(3)(b)".
33 Subsection 368(2)
Repeal the subsection.
Note: The heading to section 368 is altered by omitting " and to notify parties ".
34 After section 368
Insert:
368A Tribunal must invite parties to handing down of decision
(1) This section applies to any decision on a review by the Tribunal other than the following decisions:
(a) a decision that is given orally;
(b) a decision on the application of a person who is in immigration detention because of:
(i) a decision to refuse to grant him or her a bridging visa; or
(ii) a decision to cancel his or her bridging visa.
(2) The Tribunal must invite the applicant and the Secretary to be present when the decision is handed down.
(3) The Tribunal must give the applicant and the Secretary written notice of the day on which, and the time and place at which, the decision is to be handed down. The period of notice given must be at least the prescribed period or, if no period is prescribed, a reasonable period.
(4) The notice to the applicant must:
(a) contain a statement of the effect of subsection 368B(6); and
(b) be given to the applicant by one of the methods specified in section 379A.
368B Tribunal decision to be handed down
(1) This section applies to any decision on a review by the Tribunal other than the following decisions:
(a) a decision that is given orally;
(b) a decision on the application of a person who is in immigration detention because of:
(i) a decision to refuse to grant him or her a bridging visa; or
(ii) a decision to cancel his or her bridging visa.
(2) On the day, and at the time and place, specified in the notice referred to in section 368A, the decision on the review is to be handed down (on behalf of the Tribunal) by:
(a) the Principal Member; or
(b) a person authorised in writing by the Principal Member to hand down decisions.
An authorisation may set out the circumstances in which a person is authorised to hand down decisions.
(3) The Tribunal's decision may be handed down:
(a) by reading the outcome of the decision; and
(b) whether or not either or both the applicant and the Secretary are present.
(4) The date of the decision is the date on which the decision is handed down.
(5) If the applicant and the Secretary are present at the handing down of the decision, the Tribunal must give each of them a copy of the statement prepared under subsection 368(1).
(6) If the applicant is not present at the handing down of the decision, the Tribunal must notify the applicant of the decision by giving the applicant a copy of the statement prepared under subsection 368(1). The copy must be given to the applicant:
(a) within 14 days after the day on which the decision is handed down; and
(b) by one of the methods specified in section 379A.
(7) If the Secretary is not present at the handing down of the decision, the Tribunal must give to the Secretary a copy of the statement prepared under subsection 368(1) within 14 days after the day on which the decision is handed down.
(8) Without limiting the generality of subsections (6) and (7), an applicant or the Secretary is taken not to be present at the handing down of a decision if:
(a) he or she is not at the same location as that of the person who is handing down the decision when the decision is handed down; and
(b) the decision is being handed down by:
(i) telephone; or
(ii) closed - circuit television; or
(iii) any other means of communication.
(9) A reference to the applicant or the Secretary being present at the handing down of the decision includes a reference to a representative of the applicant or Secretary being present.
368C Applicant taken to be notified when representative notified
(1) If a representative of the applicant is present at the handing down of a decision under section 368B, the applicant is taken to be notified of the decision on the day on which the decision is handed down.
(2) If a representative of the applicant is notified of a decision under subsection 368B(6), the applicant is taken to be notified of the decision on the day on which the representative is so notified.
368D Tribunal must notify parties (parties not invited to handing down of decision)
(1) If the Tribunal gives an oral decision on an application for review, the Tribunal must give the applicant and the Secretary a copy of the statement prepared under subsection 368(1) within 14 days after the decision concerned is made. The applicant is taken to be notified of the decision on the day on which the decision is made.
(2) If the applicant is in immigration detention because of:
(a) a decision to refuse to grant him or her a bridging visa; or
(b) a decision to cancel his or her bridging visa;
the Tribunal must give the applicant and the Secretary a copy of the statement prepared under subsection 368(1) within 14 days after the decision concerned is made.
35 Section 369
Repeal the section, substitute:
369 Certain Tribunal decisions to be published
Subject to any direction under section 378, the Registrar must ensure the publication of any statements prepared under subsection 368(1) that the Principal Member thinks are of particular interest.
36 At the end of section 370
Add:
(2) To avoid doubt, an invitation under section 360 to appear before the Tribunal is not a summons to appear before the Tribunal to give evidence.
37 At the end of Division 8 of Part 5
Add:
379A Methods of dispatch of certain documents
(1) A document specified in subsection (3) is taken to be duly given to an applicant for review if:
(a) the document is sent (physically, electronically or otherwise) to:
(i) the last address for service provided by the applicant in connection with his or her application for review; or
(ii) the last residential address provided by the applicant in connection with his or her application for review; and
(b) the Tribunal has a receipt or other evidence indicating the date of dispatch.
(2) A document specified in subsection (3) is taken to be duly given to an applicant for review if the document is given:
(a) by giving it to the applicant or to a person authorised by the applicant to receive documents of that kind on behalf of the applicant; or
(b) by leaving it at the applicant's place of residence with a person who appears to live there and appears to have turned 16.
(3) The documents specified for the purposes of subsections (1) and (2) are:
(a) an invitation to an applicant under section 359 (other than an invitation to the immigration detainees mentioned in subsection 359(4)); and
(b) an invitation under section 359A (other than an invitation to the immigration detainees mentioned in subsection 359A(3)); and
(c) a notice under section 360A (other than a notice to the immigration detainees mentioned in subsection 360A(3)); and
(d) a notice under section 368A; and
(e) a statement given under subsection 368B(6).
(4) It is sufficient compliance with the requirement to give a document referred to in subsection (3) if a facsimile, or a certified copy, of the document is so given.
(5) A document posted in accordance with paragraph (1)(a) must bear correct pre -/span> paid postage and, if the document is posted to an overseas address, the postage must be at the full airmail rate.
38 Section 385
Omit "IRT - reviewable decisions", substitute "MRT - reviewable decisions".
Note: The heading to section 385 is altered by omitting " IRT - reviewable decisions " and substituting " MRT - reviewable decisions ".
39 Subsections 347(1), 348(1), 349(1), 381(1), 382(3) and sections 383, 384, 386, 387, 388, 389, 390 and 391
Omit "IRT - reviewable decision" (wherever occurring), substitute "MRT - reviewable decision".
Part 2 -- Transitional provisions
40 Internally - reviewable decisions
(1) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
(a) before the commencement of this Schedule, an application had been properly made under section 339 of that Act for review of a decision; and
(b) the applicant had not been notified of the decision as provided in section 343 of that Act before that commencement;
the application is taken to be an application properly made, on the day of that commencement, under section 347 of that Act as amended by this Act.
(2) If:
(a) before the commencement of this Schedule, an application could have been properly made under section 339 of the Migration Act 1958 for review of a decision; and
(b) the period under paragraph 339(1)(b) of that Act for making the application had not expired before that commencement;
an application may be made under section 347 of that Act as amended by this Act for review of the decision under section 348 of that Act as so amended. However, the period for making the application is to be worked out from the day, before that commencement, on which the decision was notified.
(3) Despite the repeal of Division 2 of Part 5 of the Migration Act 1958 by this Act, the Minister may, after the commencement of this Schedule, exercise his or her power under subsection 345(1) of the Migration Act 1958 , in relation to a decision under section 341 of that Act, as if the repeal had not occurred.
(4) If, after the commencement of this Schedule, the Minister exercises his or her power under subsection 345(1) of the Migration Act 1958 , section 178 of that Act applies as if the amendment made to that section by item 4 of this Schedule had not been made.
41 IRT - reviewable decisions
(1) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
(a) before the commencement of this Schedule, an application had been properly made under section 347 of that Act for review of a decision; and
(b) the applicant had not been given a statement relating to the review under section 368 of that Act before that commencement;
the application is taken to be an application properly made, on the day of that commencement, under section 347 of that Act as amended by this Act.
(2) If:
(a) before the commencement of this Schedule, an application could have been properly made under section 347 of the Migration Act 1958 for review of a decision; and
(b) the period under paragraph 347(1)(b) of that Act for making the application had not expired before that commencement;
an application may be made under section 347 of that Act as amended by this Act for review of the decision under section 348 of that Act as so amended. However, the period for making the application is to be worked out from the day, before that commencement, on which the decision was notified.
(3) To avoid doubt, the Minister may, after the commencement of this Schedule, exercise his or her power under subsection 351(1) of the Migration Act 1958 in relation to a decision under section 349 of that Act that was made before that commencement.
(4) Subsection 368(2) of the Migration Act 1958 as in force immediately before the commencement of this item continues to apply in relation to statements prepared under subsection 368(1) of that Act before that commencement.
42 Decisions referred for further consideration after judicial review
(1) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
(a) before the commencement of this Schedule, a decision under section 349 of the Migration Act 1958 has been quashed or set aside by a court; and
(b) the matter to which the decision under that section relates was referred by the court for further consideration; and
(c) no decision on that further consideration was made before that commencement;
the decision under that section is taken, on and after that commencement, to be an MRT - reviewable decision in respect of which an application under section 347 of the Migration Act 1958 as amended by this Act was made on the day of that commencement.
(2) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
(a) after the commencement of this Schedule, a decision made before that commencement under section 349 of the Migration Act 1958 is quashed or set aside by a court; and
(b) the matter to which the decision under that section relates was referred by the court for further consideration;
the decision under that section is taken, on and after the day of the referral, to be an MRT - reviewable decision in respect of which an application under section 347 of the Migration Act 1958 as amended by this Act was made on that day.
43 Decisions that the Minister has agreed to reconsider
(1) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
(a) before the commencement of this Schedule, an application has been made to a court for judicial review of a decision under section 349 of the Migration Act 1958 ; and
(b) before the judicial review application was determined by the court, and before that commencement, the Minister agreed, in writing, to reconsider the decision; and
(c) no decision on that reconsideration was made before that commencement;
the decision under that section is taken, on and after that commencement, to be an MRT - reviewable decision in respect of which an application under section 347 of the Migration Act 1958 as amended by this Act was made on the day of that commencement.
(2) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
(a) before or after the commencement of this Schedule, an application has been or is made to a court for judicial review of a decision, made before that commencement, under section 349 of the Migration Act 1958 ; and
(b) before the judicial review application was or is determined by the court, but after that commencement, the Minister agrees, in writing, to reconsider the decision;
the decision under that section is taken, on and after the day of the Minister's agreement, to be an MRT - reviewable decision in respect of which an application under section 347 of the Migration Act 1958 as amended by this Act was made on that day.
44 Conclusive certificates
For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, a conclusive certificate that:
(a) was issued under subsection 338(3) or 346(4) of that Act before the commencement of this Schedule; and
(b) immediately before that commencement was still in force;
is taken to have been issued, on the day of that commencement, under section 339 of that Act as amended by this Act.