Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 415

Tribunal powers on review of Part 7 - reviewable decisions

  (1)   The Tribunal may, for the purposes of the review of a Part   7 - reviewable decision, exercise all the powers and discretions that are conferred by this Act on the person who made the decision.

  (2)   The Tribunal may:

  (a)   affirm the decision; or

  (b)   vary the decision; or

  (c)   if the decision relates to a prescribed matter--remit the matter for reconsideration in accordance with such directions or recommendations of the Tribunal as are permitted by the regulations; or

  (d)   set the decision aside and substitute a new decision; or

  (e)   if the applicant fails to appear--exercise a power under section   426A in relation to the dismissal or reinstatement of an application.

  (3)   If the Tribunal:

  (a)   varies the decision; or

  (b)   sets aside the decision and substitutes a new decision;

the decision as varied or substituted is taken (except for the purpose of appeals from decisions of the Tribunal) to be a decision of the Minister.

  (4)   To avoid doubt, the Tribunal must not, by varying a decision or setting a decision aside and substituting a new decision, purport to make a decision that is not authorised by the Act or the regulations.


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