Commonwealth Numbered Acts

MIGRATION (OFFENCES AND UNDESIRABLE PERSONS) AMENDMENT ACT 1992 No. 213, 1992 - SECT 4

4.(1) Section 180 of the Principal Act is amended:

   (a)  by omitting subsection (1) and substituting the following subsection:

"(1) Applications may be made to the Administrative Appeals Tribunal for
review of:

   (a)  decisions of the Minister under section 55; or

   (b)  decisions of the Minister under section 180A; other than decisions to
        which a certificate under section 180B applies.";

   (b)  by omitting from subsection (2) "subsection (1)" and substituting
        "paragraph (1)(a)";

   (c)  by omitting subsection (3) and substituting the following subsections:

"(3) A person who is the subject of a decision referred to in paragraph (1)(b)
is not entitled to make an application under subsection (1) for review of the
decision unless the person has entered Australia and has not left Australia.

"(3A) A person other than the person who is the subject of a decision referred
to in paragraph (1)(b) is not entitled to make an application under subsection
(1) for review of the decision unless the person would be entitled to seek
review of the decision under Part 3 if the decision had been made on another
ground.

"(3B) Decisions referred to in subsection (1) are not reviewable under Part
3.".

(2) Section 180 of the Principal Act is amended:
(a) by omitting from paragraph (1)(a) "section 55" and substituting "section
55A because of circumstances specified in section 55";

   (b)  by inserting after paragraph (1)(b) the following word and paragraph:

"; or (c) a decision to refuse an application for a protection visa, or to
cancel a protection visa, relying on one or more of the following Articles of
the Refugees Convention, namely, Article 1F, 32 or 33(2).";

   (c)  by omitting subsections (3) and (3A) and substituting the following
        subsection:

"(3) A person is not entitled to make an application under subsection (1) for
review of a decision referred to in paragraph (1)(b) or (c) unless the person
would be entitled to seek review of the decision under Part 3 or 4A if the
decision had been made on another ground.";
(d) by inserting in subsection (3B) "or 4A" after "Part 3".