Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 416

Scope

  (1)   This section applies if:

  (a)   a non - citizen has made an application (the earlier application ) to a review body for review of a decision under this Part; and

  (b)   the earlier application has been determined by a review body; and

  (c)   the non - citizen makes a further application, to the Tribunal, for review of a Part   7 - reviewable decision.

Review body not required to consider earlier information

  (2)   The Tribunal, in considering the further application:

  (a)   is not required to consider any information considered in the earlier application; and

  (b)   may have regard to, and take to be correct, any decision that a review body has made about or because of that information.

  (3)   In this section:

"review body" means:

  (a)   the former Refugee Review Tribunal; or

  (b)   the Tribunal.

Note:   The Refugee Review Tribunal was abolished from 1   July 2015, and its functions transferred to the Migration and Refugee Division of the Administrative Appeals Tribunal ("the Tribunal").