Section 336P — Interaction with the ART Act

336P Interaction with the ART Act

(1) Subject to sections 357A and 367E of this Act, the ART Act applies in relation to a review by the ART of reviewable migration decisions and reviewable protection decisions unless this Part expressly provides otherwise.

(2) The following provisions of the ART Act do not apply in relation to the review by the ART of reviewable migration decisions or reviewable protection decisions:

(a) paragraph 21(2)(b) (notice of application to decision-maker);

(b) paragraph 21(2)(c) (notice of application to other persons made a party to the proceedings);

(c) subsection 21(3) (notice of application and right to apply to become a party);

(d) section 23 (decision-maker must give Tribunal reasons and documents—general rule);

(e) section 24 (decision-maker must give Tribunal additional statement if Tribunal requires—general rule);

(f) section 25 (decision-maker must give Tribunal additional documents within 28 days—general rule);

(g) section 27 (decision-maker must give copies of reasons and documents to other parties—general rule);

(h) section 32 (reviewable decision continues to operate unless Tribunal orders otherwise);

(i) section 85 (tribunal may remit decision to decision-maker for reconsideration);

(ia) section 97 (Tribunal must dismiss application if decision is not reviewable decision);

(ib) section 98 (Tribunal may dismiss application if fee is not paid);

(j) section 103 (if parties reach agreement—review of decisions only);

(k) section 107 (when Tribunal’s decision on review comes into operation);

(l) section 294 (legal or financial assistance), unless the review is of a decision referred to the guidance and appeals panel by the President of the ART under section 122 of the ART Act.

Note: Other provisions of this Part turn off or otherwise modify the operation of other provisions of the ART Act.