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MIGRATION ACT 1958 - SECT 353B

Guidance decisions

             (1)  The President of the Tribunal, or the head of the Migration and Refugee Division of the Tribunal, may, in writing, direct that a decision (the guidance decision ) of the Tribunal, or of the former Migration Review Tribunal, specified in the direction is to be complied with by the Tribunal in reaching a decision on a review of a Part 5-reviewable decision of a kind specified in the direction.

             (2)  In reaching a decision on a review of a decision of that kind, the Tribunal must comply with the guidance decision unless the Tribunal is satisfied that the facts or circumstances of the decision under review are clearly distinguishable from the facts or circumstances of the guidance decision.

             (3)  However, non-compliance by the Tribunal with a guidance decision does not mean that the Tribunal's decision on a review is an invalid decision.



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