Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 473FC

Guidance decisions

  (1)   The President may, in writing, direct that a decision (the guidance decision ) of the Tribunal, the Immigration Assessment Authority or the former Refugee Review Tribunal specified in the direction is to be complied with by the Authority in reaching a decision on a review of a fast track reviewable decision of a kind specified in the direction.

  (2)   In reaching a decision on a review of a decision of that kind, the Immigration Assessment Authority must comply with the guidance decision unless the Authority is satisfied that the facts or circumstances of the decision under review are clearly distinguishable from the facts or circumstances of the guidance decision.

  (3)   However, non - compliance by the Immigration Assessment Authority with a guidance decision does not mean that the Authority's decision on a review is an invalid decision.


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