Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 4.43

Permissible directions on remittal

             (1)  For paragraph 473CC(2)(b) of the Act, this regulation prescribes directions that the Immigration Assessment Authority is permitted to make in relation to the review of a fast track reviewable decision in respect of a protection visa application by a referred applicant.

             (2)  It is a permissible direction that:

                     (a)  the referred applicant must be taken to have satisfied the criteria for the visa that are specified in the direction; or

                     (b)  the referred applicant is a refugee within the meaning of subsection 5H(1) of the Act; or

                     (c)  subsection 36(3) of the Act does not apply to the referred applicant; or

                     (d)  the referred applicant satisfies each matter, specified in the direction, that relates to establishing whether the referred applicant is a person to whom Australia has protection obligations because the criterion mentioned in paragraph 36(2)(aa) of the Act is satisfied in relation to the applicant.

             (3)  However, it is not a permissible direction that:

                     (a)  subsection 5H(1) of the Act applies to the referred applicant; or

                     (b)  subsection 5H(1) does not apply to the referred applicant because of subsection 5H(2); or

                     (c)  the referred applicant satisfies, or does not satisfy, the criterion in subsection 36(1C) of the Act; or

                     (d)  the referred applicant satisfies a matter that relates to establishing whether there are serious reasons for considering that:

                              (i)  the referred applicant has committed a crime against peace, a war crime or a crime against humanity, as defined by an international instrument mentioned in regulation 2.03B; or

                             (ii)  the referred applicant committed a serious non-political crime before entering Australia; or

                            (iii)  the referred applicant has been guilty of acts contrary to the purposes and principles of the United Nations; or

                     (e)  the referred applicant satisfies a matter that relates to establishing whether there are reasonable grounds that:

                              (i)  the referred applicant is a danger to Australia's security; or

                             (ii)  the referred applicant, having been convicted by a final judgment of a particularly serious crime, including a crime that consists of the commission of a serious Australian offence or serious foreign offence, is a danger to the Australian community.

             (4)  It is a permissible direction that the grant of the visa is not prevented by section 91W, 91WA or 91WB of the Act.



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