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

Schedule 2   Home Affairs

Part 1   Main amendments

Migration Act 1958

15   After section 11

Insert:

11A When applications under this Act are finally determined

(1) An application under this Act is finally determined when:

(a) a decision that has been made in respect of the application is not, or is no longer, subject to any form of review by application to the ART under Part 5; or

(b) a decision that has been made in respect of the application was subject to some form of review by application to the ART under Part 5 but the period within which such a review could be instituted has ended without a review having been instituted as prescribed.

(2) If a review of a decision that has been made in respect of an application under this Act is instituted by application to the ART under Part 5 as prescribed, the application is finally determined when a decision on review in respect of the application is taken to have been made as provided by the following provisions:

(a) if the decision on review is made under section 105 of the ART Act or paragraph 368C(3)(b) or subsection 368C(5) of this Act - section 368 of this Act;

(b) if the application for review is dismissed under the ART Act and an application for reinstatement cannot be made under section 368C of this Act - section 368B of this Act.

(3) However, subsection (2) does not apply in relation to a decision of the ART to remit a reviewable migration decision or a reviewable protection decision under subsection 349(2).