Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 16   Transitional provisions

Part 8   Matters specific to particular Acts

Division 1   Migration

35   Part 7AA fast track review - decision on protection visa application not made before transition time

(1) Subitem (2) applies if:

(a) immediately before the transition time, a person was a fast track applicant; and

(b) immediately before that time, a decision under section 65 of the Migration Act 1958 on the person's application for a protection visa had not been made; and

(c) after the transition time, a decision is made to refuse to grant a protection visa to the person, other than a decision to refuse to grant such a visa:

(i) because the Minister or a delegate of the Minister is not satisfied that the person passes the character test under section 501 of that Act; or

(ii) relying on subsection 5H(2) or 36(1B) or (1C) or paragraph 36(2C)(a) or (b) of that Act.

(2) The Minister must refer the decision to refuse to grant the protection visa to the ART as soon as reasonably practicable after the decision is made.

(3) If the Minister refers a decision to the ART under subitem (2):

(a) the person is taken to have made an application to the ART under section 347 of the Migration Act 1958 (as amended by Schedule 2 to this Act) for a review of a reviewable protection decision; and

(b) the application is taken to have been properly made under sections 347 and 347A of that Act (as amended by Schedule 2 to this Act).