MIGRATION ACT 1958 - SECT 411 Definition of Part 7 - reviewable decision

MIGRATION ACT 1958 - SECT 411

  (1)   Subject to subsection   (2), the following decisions are Part   7 - reviewable decisions :

  (a)   a decision, made before 1   September 1994, that a non - citizen is not a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made after a review by the Minister of an earlier decision that the person was not such a refugee);

  (b)   a decision, made before 1   September 1994, to refuse to grant, or to cancel, a visa, or entry permit (within the meaning of this Act as in force immediately before that date), a criterion for which is that the applicant for it is a non - citizen who has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made under the Migration (Review) (1993) Regulations or under the repealed Part   2A of the Migration (Review) Regulations);

  (c)   a decision to refuse to grant a protection visa, other than a decision that was made relying on:

  (i)   subsection   5H(2), or 36(1B) or (1C); or

  (iii)   paragraph   36(2C)(a) or (b);

  (d)   a decision to cancel a protection visa, other than a decision that was made because of:

  (i)   subsection   5H(2) or 36(1C); or

  (ii)   an assessment by the Australian Security Intelligence Organisation that the holder of the visa is directly or indirectly a risk to security (within the meaning of section   4 of the Australian Security Intelligence Organisation Act 1979 ); or

  (iii)   paragraph   36(2C)(a) or (b);

  (e)   a decision under subsection   197D(2) that an unlawful non - citizen is no longer a person in respect of whom a protection finding within the meaning of subsection   197C(4), (5), (6) or (7) would be made.

  (2)   The following decisions are not Part   7 - reviewable decisions :

  (aa)   any decision to cancel a protection visa that is made personally by the Minister;

  (a)   decisions made in relation to a non - citizen who is not physically present in the migration zone when the decision is made;

  (b)   decisions in relation to which the Minister has issued a conclusive certificate under subsection   (3);

  (c)   fast track decisions.

  (3)   The Minister may issue a conclusive certificate in relation to a decision if the Minister believes that:

  (a)   it would be contrary to the national interest to change the decision; or

  (b)   it would be contrary to the national interest for the decision to be reviewed.