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MIGRATION LEGISLATION AMENDMENT ACT (NO. 1) 2000 NO. 28, 2000 - SCHEDULE 9

- Judicial review Part 1—Amendments

Migration Act 1958

1 Paragraph 475(1)(a)

Omit "Immigration Review Tribunal", substitute "Migration Review Tribunal".

2 Paragraph 475(2)(b)

Repeal the paragraph.

3 Paragraph 475(2)(c)

Omit "IRT-reviewable decision", substitute "MRT-reviewable decision".

4 Paragraph 475(2)(f)

Omit "Immigration Review Tribunal", substitute "Migration Review Tribunal".

5 At the end of section 475

Add:

(3)
The reference in paragraph (2)(e) to section 345 is a reference to section 345 of this Act as in force before the commencement of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 1998 .

Part 2—Transitional provisions

Migration Act 1958

6 Application for judicial review of decision of Immigration Review Tribunal pending at commencement

For the purposes of Part 8 of the Migration Act 1958 , if:

(a)
before the commencement of this Schedule, an application had properly been made under section 476 of the Migration Act 1958 as previously in force to the Federal Court for judicial review of a decision of the Immigration Review Tribunal; and

(b)
that Court had not made an order on the application under subsection 481(1) of the Migration Act 1958 as previously in force before that commencement;

the application is taken to be an application properly made, on the day of that commencement, under section 476 of the Migration Act 1958 for the judicial review of the decision of the Immigration Review Tribunal as if it were a decision of the Migration Review Tribunal.

7 Period for making application for judicial review of decision of Immigration Review Tribunal current at commencement

If:

(a)
before the commencement of this Schedule, an application could have been properly made under section 476 of the Migration Act 1958 as previously in force to the Federal Court for judicial review of a decision of the Immigration Review Tribunal; and

(b)
the period under section 478 of the Migration Act 1958 as previously in force for making the application had not ended before that commencement;

an application may be made under section 476 of the Migration Act 1958 for judicial review of the decision of the Immigration Review Tribunal as if it were a decision of the Migration Review Tribunal. However, the period for making the application is to be worked out from the day, before that commencement, on which the applicant was notified of the decision.

8 Decision of Immigration Review Tribunal quashed or set aside and matter to which decision relates referred for further consideration

(1) For the purposes of Part 8 of the Migration Act 1958 , if:

(a)
before the commencement of this Schedule, a decision of the Immigration Review Tribunal was quashed or set aside under that Part by the Federal Court; and

(b)
the matter to which the decision related was referred by that Court for further consideration; and

(c)
no decision on that further consideration was made before that commencement;

the decision that was reviewed by the Immigration Review Tribunal is taken, on and after that commencement, to be an MRT-reviewable decision in respect of which an application under section 347 of the Migration Act 1958 was made on the day of that commencement.

(2) For the purposes of Part 8 of the Migration Act 1958 , if:

(a)
after the commencement of this Schedule, a decision of the Immigration Review Tribunal made before that commencement is quashed or set aside by the Federal Court; and

(b)
the matter to which the decision related is referred by that Court for further consideration;

the decision that was reviewed by the Immigration Review Tribunal is taken, on and after the day of the referral, to be an MRT-reviewable decision in respect of which an application under section 347 of the Migration Act 1958 was made on that day.

9 Decision of Immigration Review Tribunal that the Minister has agreed to reconsider

(1) For the purposes of Part 8 of the Migration Act 1958 , if:

(a)
before the commencement of this Schedule, an application had been made to the Federal Court for judicial review of a decision of the Immigration Review Tribunal; and

(b)
before the judicial review application was determined by that Court, and before that commencement, the Minister agreed, in writing, to reconsider the decision; and

(c)
no decision on that reconsideration was made before that commencement;

the decision that is to be reconsidered by the Minister is taken, on and after that commencement, to be an MRT-reviewable decision in respect of which an application under section 347 of the Migration Act 1958 was made on the day of that commencement.

(2) For the purposes of Part 8 of the Migration Act 1958 , if:

(a)
before or after the commencement of this Schedule, an application has been or is made to the Federal Court for judicial review of a decision of the Immigration Review Tribunal that was made before that commencement; and

(b)
before the judicial review application was or is determined by that Court, but after that commencement, the Minister agrees, in writing, to reconsider the decision;

the decision that is to be reconsidered by the Minister is taken, on and after the day of the Minister's agreement, to be an MRT-reviewable decision in respect of which an application under section 347 of the Migration Act 1958 was made on that day.

[ Minister's second reading speech made in—

Senate on 31 March 1999

House of Representatives on 6 March 2000 ]

(63/99)


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