Section 349 — Remittal

349 Remittal

(1) Subparagraph 105(c)(ii) of the ART Act does not apply in relation to a reviewable migration decision or a reviewable protection decision.

(2) If a reviewable migration decision or reviewable protection decision relates to a prescribed matter, the ART may, under this subsection:

(a) set aside the decision; and

(b) remit the matter for reconsideration in accordance with such orders or recommendations of the ART as are permitted by the regulations.

(3) Paragraph (2)(a) of this section applies despite subsection 31(1) (decision cannot be altered outside Tribunal process) of the ART Act.