Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 415

Tribunal powers on review of Part 7-reviewable decisions

             (1)  The Tribunal may, for the purposes of the review of a Part 7-reviewable decision, exercise all the powers and discretions that are conferred by this Act on the person who made the decision.

             (2)  The Tribunal may:

                     (a)  affirm the decision; or

                     (b)  vary the decision; or

                     (c)  if the decision relates to a prescribed matter--remit the matter for reconsideration in accordance with such directions or recommendations of the Tribunal as are permitted by the regulations; or

                     (d)  set the decision aside and substitute a new decision; or

                     (e)  if the applicant fails to appear--exercise a power under section 426A in relation to the dismissal or reinstatement of an application.

             (3)  If the Tribunal:

                     (a)  varies the decision; or

                     (b)  sets aside the decision and substitutes a new decision;

the decision as varied or substituted is taken (except for the purpose of appeals from decisions of the Tribunal) to be a decision of the Minister.

             (4)  To avoid doubt, the Tribunal must not, by varying a decision or setting a decision aside and substituting a new decision, purport to make a decision that is not authorised by the Act or the regulations.



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