Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Subparagraph 2.08F(3)(b)(i)
Omit "Tribunal", substitute "Administrative Appeals Tribunal".
2 Subparagraph 2.08F(3)(b)(iii)
Repeal the subparagraph, substitute:
(ii) the Administrative Appeals Tribunal remits a matter in relation to the pre-conversion application in accordance with paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975 ;
(iii) a court orders the Minister to reconsider the pre-conversion application in accordance with the law;
(iv) a court declares or concludes (with or without formal declaration) that a decision of the Minister in relation to the pre-conversion application is invalid, void or of no effect;
(v) a court quashes a decision of the Minister in relation to the pre-conversion application.
3 At the end of regulation 2.08F
Add:
(4) To avoid doubt, for the purposes of subregulation (3), the Minister is taken not to have made a decision in relation to a pre-conversion visa application under section 65 of the Act if, before 16 December 2014:
(a) the Minister had made a decision in relation to the pre-conversion application under section 65 of the Act; and
(b) one of the following events occurred after the Minister made that decision:
(i) the Refugee Review Tribunal remitted a matter in relation to the pre-conversion application in accordance with paragraph 415(2)(c) of the Act;
(ii) the Administrative Appeals Tribunal remitted a matter in relation to the pre-conversion application in accordance with paragraph 43(1)(c) of the Administrative Appeals Tribunal Act 1975 ;
(iii) a court ordered the Minister to reconsider the pre-conversion application in accordance with the law;
(iv) a court declared or concluded (with or without formal declaration) that a decision of the Minister in relation to the pre-conversion application was invalid, void or of no effect;
(v) a court quashed a decision of the Minister in relation to the pre-conversion application; and
(c) after the occurrence of the event mentioned in paragraph (b), the Minister had not made another decision in relation to the pre-conversion application.
Note: This regulation commenced on 16 December 2014.
4 Schedule 13
Insert in its appropriate numerical position:
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015 (the amending regulation ) apply in relation to any pre-conversion application (within the meaning of subregulation 2.08F(1)) including, but not limited to, a pre-conversion application that is the subject of a proceeding in any court that has not been concluded immediately before the commencement of Schedule 1 to the amending regulation.