Administrative Review Tribunal and Other Legislation Amendment Act 2026 (3 of 2026)

Schedule 1   Amendments

Part 2   Applications to be reviewed on the papers

Migration Act 1958

21   Application provision

(1) The amendments made by this Part apply in relation to:

(a) an application made on or after the commencement of this item to the Administrative Review Tribunal (the ART ) for review of a decision; and

(b) an application made before the commencement of this item to the ART for review of a decision in relation to which the President of the ART has not, before that commencement, directed that a member or members constitute the ART under section 37 of the Administrative Review Tribunal Act 2024.

(2) Subitem (3) applies if:

(a) before the commencement of this item, the ART gave any information and invitation under section 359A of the Migration Act 1958 to a person who had made an application to the ART for review of a reviewable migration decision; and

(b) immediately after the commencement of this item:

(i) the ART has not yet made a decision on a review (within the meaning of section 337 of that Act) in relation to the application; and

(ii) the application is an application to be reviewed on the papers.

(3) The following have effect:

(a) the information and invitation is taken to be given under subsection 367G(1) of the Migration Act 1958;

(b) the information and invitation is taken to have been given in accordance with section 367H of that Act.