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MIGRATION REGULATIONS 1994 - REG 4.15

Tribunal's power to give directions

  (1)   For paragraph   349(2)(c) of the Act (which deals with the Tribunal's power to remit):

  (a)   an application for a visa or entry permit made on or after 19   December 1989 is a prescribed matter; and

  (b)   subject to subregulation   (4), a permissible direction is that the applicant must be taken to have satisfied a specified criterion for the visa or entry permit.

  (2)   For paragraph   349(2)(c) of the Act, the requiring of a security that is mentioned in paragraph   4.02(4)(f) is a prescribed matter.

  (3)   If the Tribunal remits a prescribed matter that is mentioned in subregulation   (2) to the primary decision - maker, the Tribunal may direct the primary decision - maker:

  (a)   to indicate to the applicant that a condition specified by the Tribunal will be imposed on the visa if it is granted; and

  (b)   to require a security for compliance with the condition (whether or not a security has already been required).

Note 1:   Prescribed matter : in this case, a matter that the Tribunal may remit for reconsideration.

  (4)   If, under subregulation   2.08E(2B), the Tribunal remits a prescribed matter mentioned in paragraph   (1)(a) to the Minister for reconsideration, the Tribunal must not make a direction in relation to that matter other than the direction mentioned in subregulation   2.08E(2B).


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