MIGRATION ACT 1958 - SECT 495B Minister may substitute more favourable decisions for certain computer - based decisions

MIGRATION ACT 1958 - SECT 495B

  (1)   The Minister may substitute a decision (the substituted decision ) for a decision (the initial decision ) made by the operation of a computer program under an arrangement made under subsection   495A(1) if:

  (a)   a certificate under paragraph   271(1)(l) relates to the computer program and to the initial decision; and

  (b)   the certificate states that the computer program was not functioning correctly; and

  (c)   the substituted decision could have been made under the same provision of the designated migration law as the initial decision; and

  (d)   the substituted decision is more favourable to the applicant.

  (2)   The Minister does not have a duty to consider whether to exercise the power under subsection   (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.

  (3)   Subsection   (1) has effect despite:

  (a)   any law of the Commonwealth; or

  (b)   any rule of common law;

to the contrary effect.