Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT 60

60. (1) After section 66D of the Principal Act the following section is
inserted: Review of decisions

"66E. (1) Applications may be made to the Administrative Appeals Tribunal for
review of decisions of the Minister under section 12, 13 or 48 other than a
decision made on a matter remitted by the Tribunal for reconsideration in
accordance with sub-section (3).



"(2) A person is not entitled to make an application under sub-section (1) in
relation to a decision under section 12 or 13 unless -

   (a)  the person is an Australian citizen; or

   (b)  the continued presence of the person in Australia is not subject to
        any limitation as to time imposed by law.



"(3) After reviewing a decision referred to in sub-section (1), the Tribunal
shall either affirm the decision or remit the matter for reconsideration in
accordance with any recommendations of the Tribunal.



"(4) For the purpose of reviewing a decision referred to in sub-section (1),
the Tribunal shall be constituted by a presidential member alone.



"(5) Where an application has been made to the Tribunal for the review of a
decision under section 12 or 13 ordering the deportation of a person, the
order for the deportation of the person shall not be taken for the purposes of
section 39 to have ceased or to cease to be in force by reason only of any
order that has been made by the Tribunal or a presidential member under
section 41 of the Administrative Appeals Tribunal Act 1975 or by the Federal
Court of Australia or a Judge of that Court under section 44A of that Act.



"(6) In this section, 'decision' has the same meaning as in the
Administrative Appeals Tribunal Act 1975.".

(2) The amendment made by sub-section (1) applies in relation to a decision of
the Minister under section 12, 13 or 48 of the Migration Act 1958 given before
or after the commencement of this section. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback