Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 4.31B

Review by the ART--fee and waiver

  (1)   The prescribed fee for an application for review by the ART of a reviewable protection decision is $2,151.

Note:   The fee in this subregulation is subject to increase under regulation   4.31BA.

  (2)   The fee must be paid within the 7 - day period beginning on the day when:

  (a)   if the ART's decision is given to the applicant orally--the applicant is taken, under subsection   368(7) of the Act, to have been notified of that decision; or

  (b)   otherwise--the applicant is taken, under section   379C of the Act, to have received the notification of that decision.

  (3)   No fee is payable if the ART remits a matter to which the decision relates with a permissible order under regulation   4.33.

  (3AA)   No fee is payable for review of a reviewable protection decision if:

  (a)   the decision was referred to the ART under subitem   35(2) or 37(2) of Schedule   16 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 ; or

    (b)   the proceeding for review of the decision was continued and finalised by the ART in accordance with subitem   36(2) of that Schedule.

  (3A)   No further fee is payable under this regulation if:

  (a)   a fee has been paid under this regulation; and

  (b)   following the ART's determination, the matter in relation to which the fee was paid is remitted by a court for reconsideration by the ART.

  (4)   If 2 or more applications for review are combined in accordance with regulation   4.31A, only 1 fee is payable for reviews that result from those applications.



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