Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 507

Marital or relationship status

  (1)   The Sex Discrimination Act 1984 , to the extent that it applies to the status or condition of being the spouse or   de   facto   partner of another person, does not operate in relation to:

  (a)   regulations, or the making of regulations, that, for the purposes of dealing with an application for a visa, specify:

  (i)   the nature and incidents of the relationship between a person and another person; or

  (ii)   the period for which a relationship of a specified kind must have existed between a person and another person;

    before the person is taken to be the   de   facto   partner of the other person; or

  (b)   the performance of any function, the exercise of any power or the fulfilment of any responsibility, in connection with the administration of any such regulation.

  (2)   To avoid doubt, subsection   (1) does not prevent the Sex Discrimination Act 1984 from applying in relation to the marital or relationship status of persons making or administering regulations covered by subsection   (1).

This Part provides for the review of Part   5 - reviewable decisions by the Administrative Appeals Tribunal in its Migration and Refugee Division.

Part   5 - reviewable decisions relate to the grant or cancellation of visas in some circumstances. They do not include decisions relating to protection visas or temporary safe haven visas, or decisions in relation to which the Minister has given a conclusive certificate.

Part   7 - reviewable decisions (which generally relate to protection visas) are reviewable in accordance with Part   7 by the Administrative Appeals Tribunal in its Migration and Refugee Division.

Some other decisions under this Act may be reviewed by the Administrative Appeals Tribunal in its General Division, including the following:

  (a)   some decisions to cancel business visas;

  (b)   some decisions relating to migration agents;

  (c)   some decisions relating to deportation, protection visas and the refusal or cancellation of visas on character grounds.

Fast track reviewable decisions are reviewable by the Immigration Assessment Authority under Part   7AA of this Act. These are decisions to refuse protection visas to some applicants, including unauthorised maritime arrivals who entered Australia on or after 13   August 2012.

This Part provides for the review of Part   7 - reviewable decisions by the Administrative Appeals Tribunal in its Migration and Refugee Division.

Part   7 - reviewable decisions relate to the grant or cancellation of protection visas in some circumstances or to decisions under subsection   197D(2). They do not include decisions in relation to which the Minister has given a conclusive certificate.

Part   5 - reviewable decisions (which relate to the grant or cancellation of visas other than protection visas in some circumstances) are reviewable in accordance with Part   5 by the Administrative Appeals Tribunal in its Migration and Refugee Division.

Some other decisions under this Act may be reviewed by the Administrative Appeals Tribunal in its General Division, including the following:

  (a)   some decisions to cancel business visas;

  (b)   some decisions relating to migration agents;

  (c)   some decisions relating to deportation, protection visas and the refusal or cancellation of visas on character grounds.

Fast track reviewable decisions are reviewable by the Immigration Assessment Authority under Part   7AA of this Act. These are decisions to refuse protection visas to some applicants, including unauthorised maritime arrivals who entered Australia on or after 13   August 2012.

This Part provides a limited form of review of certain decisions ( fast track decisions ) to refuse protection visas to some applicants, including unauthorised maritime arrivals who entered Australia on or after 13   August 2012, but before 1   January 2014, and who have not been taken to a regional processing country. These applicants are known as fast track review applicants and decisions to refuse to grant them protection visas are known as fast track reviewable decisions .

Fast track decisions made in relation to some applicants are excluded from the fast track review process. These applicants are known as excluded fast track review applicants .

Fast track review applicants and excluded fast track review applicants are collectively known as fast track applicants .

Fast track reviewable decisions must be referred by the Minister to the Immigration Assessment Authority as soon as reasonably practicable after a decision is made. A person cannot make an application for review directly to the Immigration Assessment Authority.

Decisions to refuse to grant protection visas to fast track applicants are generally not otherwise reviewable under this Act, although some decisions are reviewable by the Administrative Appeals Tribunal.

The Immigration Assessment Authority consists of the President of the Administrative Appeals Tribunal, the head of the Migration and Refugee Division of the Tribunal, the Senior Reviewer and other Reviewers. The President and that Division head are responsible for the overall administration and operation of the Immigration Assessment Authority. The Senior Reviewer is appointed by the President or that Division head. The Senior Reviewers and other Reviewers are engaged under the Public Service Act 1999 .

In reviewing fast track reviewable decisions, the Immigration Assessment Authority is required to pursue the objective of providing a mechanism of limited review that is efficient, quick, free of bias and consistent with Division   3 (conduct of review).

The Immigration Assessment Authority does not hold hearings and is required to review decisions on the papers that are provided to it when decisions are referred to it. However, in exceptional circumstances the Immigration Assessment Authority may consider new material and may invite referred applicants to provide, or comment on, new information at an interview or in writing.

The Immigration Assessment Authority may affirm a referred decision or may remit the decision for reconsideration in accordance with directions.

The Immigration Assessment Authority may give directions restricting the disclosure of information. There are also specific requirements for the giving and receiving of documents.


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