Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 415

             (1)  The Tribunal may, for the purposes of the review of an RRT‑reviewable decision, exercise all the powers and discretions that are conferred by this Act on the person who made the decision.

             (2)  The Tribunal may:

                     (a)  affirm the decision; or

                     (b)  vary the decision; or

                     (c)  if the decision relates to a prescribed matter--remit the matter for reconsideration in accordance with such directions or recommendations of the Tribunal as are permitted by the regulations; or

                     (d)  set the decision aside and substitute a new decision.

             (3)  If the Tribunal:

                     (a)  varies the decision; or

                     (b)  sets aside the decision and substitutes a new decision;

the decision as varied or substituted is taken (except for the purpose of appeals from decisions of the Tribunal) to be a decision of the Minister.

             (4)  To avoid doubt, the Tribunal must not, by varying a decision or setting a decision aside and substituting a new decision, purport to make a decision that is not authorised by the Act or the regulations.