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MIGRATION ACT 1958 - SECT 411

Definition of Part 7-reviewable decision

             (1)  Subject to subsection (2), the following decisions are Part 7-reviewable decisions :

                     (a)  a decision, made before 1 September 1994, that a non-citizen is not a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made after a review by the Minister of an earlier decision that the person was not such a refugee);

                     (b)  a decision, made before 1 September 1994, to refuse to grant, or to cancel, a visa, or entry permit (within the meaning of this Act as in force immediately before that date), a criterion for which is that the applicant for it is a non-citizen who has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made under the Migration (Review) (1993) Regulations or under the repealed Part 2A of the Migration (Review) Regulations);

                     (c)  a decision to refuse to grant a protection visa, other than a decision that was made relying on:

                              (i)  subsection 5H(2), or 36(1B) or (1C); or

                            (iii)  paragraph 36(2C)(a) or (b);

                     (d)  a decision to cancel a protection visa, other than a decision that was made because of:

                              (i)  subsection 5H(2) or 36(1C); or

                             (ii)  an assessment by the Australian Security Intelligence Organisation that the holder of the visa is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ); or

                            (iii)  paragraph 36(2C)(a) or (b);

                     (e)  a decision under subsection 197D(2) that an unlawful non-citizen is no longer a person in respect of whom a protection finding within the meaning of subsection 197C(4), (5), (6) or (7) would be made.

             (2)  The following decisions are not Part 7-reviewable decisions :

                    (aa)  any decision to cancel a protection visa that is made personally by the Minister;

                     (a)  decisions made in relation to a non-citizen who is not physically present in the migration zone when the decision is made;

                     (b)  decisions in relation to which the Minister has issued a conclusive certificate under subsection (3);

                     (c)  fast track decisions.

             (3)  The Minister may issue a conclusive certificate in relation to a decision if the Minister believes that:

                     (a)  it would be contrary to the national interest to change the decision; or

                     (b)  it would be contrary to the national interest for the decision to be reviewed.



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