495A Minister may arrange for use of computer programs to make decisions etc.
(1) The Minister may arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under the designated migration law:
(a) make a decision; or
(b) exercise any power, or comply with any obligation; or
(c) do anything else related to making a decision, exercising a power, or complying with an obligation.
(2) The Minister is taken to have:
(a) made a decision; or
(b) exercised a power, or complied with an obligation; or
(c) done something else related to the making of a decision, the exercise of a power, or the compliance with an obligation;
that was made, exercised, complied with, or done (as the case requires) by the operation of a computer program under an arrangement made under subsection (1).
(3) For the purposes of this section, the following provisions are the designated migration law:
(a) Subdivisions A, AA, AB and AC of Division 3 of Part 2 (other than section 48B);
(aa) section 257A;
(b) any provision of this Act or of the regulations that the Minister, by legislative instrument, determines to be part of the designated migration law.
495B Minister may substitute more favourable decisions for certain computer‑based decisions
(1) The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under an arrangement made under subsection 495A(1) if:
(a) a certificate under paragraph 271(1)(l) relates to the computer program and to the initial decision; and
(b) the certificate states that the computer program was not functioning correctly; and
(c) the substituted decision could have been made under the same provision of the designated migration law as the initial decision; and
(d) the substituted decision is more favourable to the applicant.
(2) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.
(3) Subsection (1) has effect despite:
(a) any law of the Commonwealth; or
(b) any rule of common law;
to the contrary effect.
496 Delegation
(1) The Minister may, by writing signed by him or her, delegate to a person any of the Minister’s powers under this Act.
(1A) The delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Minister.
(2) The Secretary may, by writing signed by him or her, delegate to a person any of the Secretary’s powers under this Act.
(3) If an application for a visa that has a health criterion is made, the Minister may:
(a) delegate to a person the power to consider and decide whether that criterion is satisfied; and
(b) consider and decide, or delegate to another person the power to consider and decide, all other aspects of the application.
(4) To avoid doubt, if there is a delegation described in paragraph (3)(a) in relation to an application for a visa:
(a) Subdivision AB of Division 3 of Part 2 has effect accordingly; and
(b) for the purposes of subsection 65(1), the Minister is satisfied or not satisfied that the health criterion for the visa has been satisfied if the delegate who was given that delegation is so satisfied or not so satisfied, as the case may be.
(5) Subsection (1A) does not limit subsection 499(1).
497 Delegate not required to perform certain administrative tasks
(1) If the Minister delegates the power to grant or refuse to grant visas, the delegation does not require the delegate personally to perform any task in connection with the grant or refusal, except the taking of a decision in each case whether or not a visa should be granted.
(2) If the Minister delegates the power to cancel visas, the delegation does not require the delegate personally to perform any task in connection with the cancellation, except the taking of a decision in each case whether a visa should be cancelled.
(3) Nothing in subsection (1) or (2) shall be taken to imply that:
(a) a person on whom a power is conferred by or under this or any other Act; or
(b) a delegate of such a person;
is required personally to perform all administrative and clerical tasks connected with the exercise of the power.
498 Exercise of powers under Act
(1) The powers conferred by or under this Act shall be exercised in accordance with any applicable regulations under this Act.
(2) Nothing in this section shall be taken to limit the operation of subsection 29(4).
499 Minister may give directions
(1) The Minister may give written directions to a person or body having functions or powers under this Act if the directions are about:
(a) the performance of those functions; or
(b) the exercise of those powers.
(1A) For example, a direction under subsection (1) could require a person or body to exercise the power under section 501 instead of the power under section 200 (as it applies because of section 201) in circumstances where both powers apply.
(2) Subsection (1) does not empower the Minister to give directions that would be inconsistent with this Act or the regulations.
(2A) A person or body must comply with a direction under subsection (1).
(3) The Minister shall cause a copy of any direction given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after that direction was given.
(4) Subsection (1) does not limit subsection 496(1A).
500 Review of decision
(1) An application may be made to the ART for review of:
(a) decisions of the Minister under section 200 because of circumstances specified in section 201, other than decisions to which a certificate under section 502 applies; or
(b) decisions of a delegate of the Minister under section 501 (subject to subsection (4A)); or
(ba) decisions of a delegate of the Minister under subsection 501CA(4) not to revoke a decision to cancel a visa; or
(c) a decision, other than a decision to which a certificate under section 502 applies, to refuse under section 65 to grant a protection visa, relying on:
(i) subsection 5H(2) or 36(1C); or
(ii) paragraph 36(2C)(a) or (b) of this Act.
(1A) Section 85 (ART may remit decision to decision‑maker for reconsideration) of the ART Act does not apply in relation to a review by the ART of a decision referred to in subsection (1).
(2) A person is not entitled to make an application under paragraph (1)(a) unless:
(a) the person is an Australian citizen; or
(b) the person is a lawful non‑citizen whose continued presence in Australia is not subject to any limitation as to time imposed by law.
(3) A person is not entitled to make an application under subsection (1) for review of a decision referred to in paragraph (1)(b) or (c) unless the person would be entitled to seek review of the decision by application under Part 5 if the decision had been made on another ground.
(4) The following decisions are not reviewable by application under Part 5:
(a) a decision under section 200 because of circumstances specified in section 201;
(b) a decision under section 501;
(c) a decision to refuse to grant a protection visa, or to cancel a protection visa, relying on:
(i) subsection 5H(2) or 36(1C); or
(ii) paragraph 36(2C)(a) or (b) of this Act.
(4A) The following decisions are not reviewable under this section, or by application under Part 5:
(a) a decision to refuse to grant a protection visa relying on subsection 36(1B);
(b) a decision to cancel a protection visa because of an assessment by the Australian Security Intelligence Organisation that the holder of the visa is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);
(c) a decision of a delegate of the Minister under subsection 501(3A) to cancel a visa.
(6) Where an application has been made to the ART for the review of a decision under section 200 ordering the deportation of a person, the order for the deportation of the person shall not be taken for the purposes of section 253 to have ceased or to cease to be in force by reason only of any order that has been made by:
(a) the ART (for example, an order under subsection 32(2) (ART may stay operation or implementation) of the ART Act); or
(c) the Federal Court of Australia or a Judge of that Court under subsection 178(2) of that Act; or
(d) the Federal Circuit and Family Court of Australia (Division 2) or a Judge of that Court under subsection 178(2) of that Act, as it applies because of subsection 179(4) of that Act.
(6A) If a decision under section 501 of this Act, or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa, relates to a person in the migration zone, section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply to the decision.
(6B) If a decision under section 501 of this Act, or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa, relates to a person in the migration zone, an application to the ART for a review of the decision must be lodged with the ART within 9 days after the day on which the person was notified of the decision in accordance with subsection 501G(1). Accordingly, sections 18 and 19 of the ART Act do not apply to the application.
(6C) If a decision under section 501, or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa, relates to a person in the migration zone, an application to the ART for a review of the decision must be accompanied by, or by a copy of:
(a) the document notifying the person of the decision in accordance with subsection 501G(1); and
(b) one of the sets of documents given to the person under subsection 501G(2) at the time of the notification of the decision.
(6CA) Subsection (6C) applies despite subsection 34(2) of the ART Act.
(6CB) A failure to comply with subsection (6C) in relation to an application does not affect the validity of the application.
(6D) If an application is made to the ART for a review of a decision under section 501, or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa, that relates to a person in the migration zone:
(a) the ART must give written notice of the application to:
(i) the applicant; and
(ii) the Secretary; and
(b) sections 21 and 23 of the ART Act do not apply to the decision or the application.
(6F) If:
(a) an application is made to the ART for a review of a decision under section 501 of this Act or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone;
then:
(c) the Minister must lodge with the ART, within 14 days after the day on which the Minister was notified that the application had been made, a copy of every document that:
(i) is in the Minister’s possession or under the Minister’s control; and
(ii) was relevant to the making of the decision; and
(iii) contains non‑disclosable information; and
(d) the ART may have regard to that non‑disclosable information for the purpose of reviewing the decision, but must not disclose that non‑disclosable information to the person making the application.
(6FA) The ART may direct the Minister to lodge a specified number of additional copies of a document to which paragraph (6F)(c) applies within the period mentioned in that paragraph. The Minister must comply with the direction.
(6FB) Sections 24 and 26 of the ART Act do not apply in relation to an application to the ART for a review of a decision under section 501 or subsection 501CA(4) of this Act.
(6G) If:
(a) an application is made to the ART for a review of a decision under section 501 of this Act or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone;
the ART must not:
(c) hold a hearing (other than a directions hearing); or
(d) make a decision under section 105 of the ART Act;
in relation to the decision under review until at least 14 days after the day on which the Minister was notified that the application had been made.
(6H) If:
(a) an application is made to the ART for a review of a decision under section 501 or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone;
the ART must not have regard to any information presented orally in support of the person’s case unless the information was set out in a written statement given to the Minister at least 2 business days before the ART holds a hearing (other than a directions hearing) in relation to the decision under review.
(6J) If:
(a) an application is made to the ART for a review of a decision under section 501 or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone;
the ART must not have regard to any document submitted in support of the person’s case unless a copy of the document was given to the Minister at least 2 business days before the ART holds a hearing (other than a directions hearing) in relation to the decision under review. However, this does not apply to documents given to the person or ART under subsection 501G(2) or subsection (6F) of this section.
(6K) If:
(a) an application is made to the ART for a review of a decision under section 501 of this Act or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone; and
(c) the ART is of the opinion that particular documents, or documents included in a particular class of documents, may be relevant in relation to the decision under review;
then:
(d) the ART may cause to be served on the Minister a notice in writing stating that the ART is of that opinion and requiring the Minister to lodge with the ART, within a time specified in the notice, a copy, or the number of copies specified in the notice, of each of those documents that is in the Minister’s possession or under the Minister’s control; and
(e) the Minister must comply with any such notice.
(6L) If:
(a) an application is made to the ART for a review of a decision under section 501 of this Act or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa; and
(b) the decision relates to a person in the migration zone; and
(c) the ART has not made a decision under the provisions of the ART Act mentioned in subsection (6M) in relation to the decision under review within the period of 84 days after the day on which the person was notified of the decision under review in accordance with subsection 501G(1);
the ART is taken, at the end of that period, to have made a decision under section 105 of the ART Act to affirm the decision under review.
(6M) For the purposes of paragraph (6L)(c), the provisions of the ART Act are as follows:
(a) section 95 (applicant may withdraw application);
(b) section 96 (Tribunal may dismiss application if parties consent);
(c) section 97 (Tribunal must dismiss application if decision is not reviewable decision);
(d) section 98 (Tribunal may dismiss application if fee is not paid);
(e) section 99 (Tribunal may dismiss application if applicant does not appear);
(f) section 100 (Tribunal may dismiss application if applicant fails to comply with order etc.);
(g) section 101 (Tribunal may dismiss application if frivolous, vexatious etc);
(h) section 103 (if parties reach agreement—review of decisions only);
(i) section 105 (Tribunal decision on review of reviewable decision).
(7) In this section, decision has the same meaning as in the ART Act.
(8) In this section:
business day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory; or
(d) a public holiday in the place concerned.
500AA Applications generally cannot be made to the ART guidance and appeals panel
(1) An application cannot be made under section 123 of the ART Act to refer a decision of the ART to the guidance and appeals panel in relation to an application for review of a decision under this Act.
(2) Subsection (1) does not apply in relation to an application for review of a decision under Part 3.
500A Refusal or cancellation of temporary safe haven visas
Refusal or cancellation of temporary safe haven visas
(1) The Minister may refuse to grant to a person a temporary safe haven visa, or may cancel a person’s temporary safe haven visa if, in the Minister’s opinion:
(a) the person has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct; or
(aa) subsection (1A) applies to the person (spreading hatred and extremism); or
(b) having regard to either or both of the following:
(i) the person’s past and present criminal conduct;
(ii) the person’s past and present general conduct;
the person is not of good character; or
(c) in the event the person were allowed to enter or to remain in Australia, there is a significant risk that the person might:
(i) engage in criminal conduct in Australia; or
(ii) harass, molest, intimidate or stalk another person in Australia (see subsection (2)); or
(iii) vilify a segment of the Australian community; or
(iv) incite discord in the Australian community or in a segment of that community; or