Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 411

             (1)  Subject to subsection (2), the following decisions are RRT‑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by the Refugees Protocol (other than such a decision made under the Migration (Review) (1993) Regulations or under the repealed Part 2A of the Migration (Review) Regulations);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;

                     (d)  a decision to cancel a protection visa.

             (2)  The following decisions are not RRT‑reviewable decisions:

                     (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).

             (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.