Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 4   Amendments relating to fast track assessment process

Part 2   Application

28   Application of fast track review process in relation to decisions based on complementary protection

(1) A decision made, before the day Part 1 of this Schedule commences, to refuse to grant a protection visa is not a fast track reviewable decision to the extent that:

(a) the decision was made relying on paragraph 36(2)(aa) or (c) of the Migration Act 1958; and

(b) the application for the visa is not finally determined before the day that Part commences; and

(c) those paragraphs are repealed before the application is finally determined.

Note: For when an application is finally determined, see subsections 5(9) and (9A) of the Migration Act 1958.

(2) Subitem (1) does not prevent a decision to refuse to grant a protection visa from being a fast track reviewable decision to the extent that the decision was made relying on another provision in the Migration Act 1958.