Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024
Part 3Immigration Assessment Authority
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Part 3—Immigration Assessment Authority
10 Appeals and applications to courts relating to IAA decisions
(1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act. (2) This section applies if, immediately before the transition time, a person is entitled to appeal or make an application to a court in relation to a decision of the IAA. (3) The person may appeal or make the application to the court after the transition time as if the old law continued to apply in relation to the making of the appeal or application. (4) For the purposes of the appeal or application, anything the court could have done in relation to the IAA before the transition time may be done in relation to the ART. (5) To avoid doubt and for the purposes of the appeal or making the application, a decision of the IAA made before the transition time continues after the transition time to be a decision of the IAA, despite the repeal of Part 7AA of the Migration Act 1958 by Schedule 2 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.
11 Court proceedings relating to IAA decisions
(1) This section is made for the purposes of subitem 51(2) of Schedule 16 to the Act. (2) This section applies to a proceeding in a court that: (a) relates to a decision made by the IAA; and (b) either: (i) commenced, but is not finalised, before the transition time; or (ii) relates to an appeal or application made to the court after the transition time in accordance with section 10 of this instrument. (3) Anything the court could have done in relation to the IAA before the transition time, including remitting the decision for reconsideration, may be done in relation to the ART.
Note: For remittals of an IAA decision to the ART, see section 12.
12 Remittals of IAA decisions to the ART
(1) This section: (a) is made for the purposes of subitem 51(2) of Schedule 16 to the Act; and (b) applies if a court remits a decision of the IAA to the ART after the transition time in accordance with section 11 of this instrument. (2) No fee is payable for the review by the ART of the decision. (3) The proceeding for the review by the ART is taken to be a proceeding for review of a reviewable protection decision (within the meaning of the Migration Act 1958 as in force at the time of the remittal) under Part 5 of that Act.