Section 367C — Scope of this Division

367C Scope of this Division

(1) This Division applies in relation to an application to be reviewed on the papers.

(2) An application made to the ART for review of a reviewable migration decision is an application to be reviewed on the papers if:

(a) the decision is a decision relating to a temporary visa; and

(b) the application is of a kind (if any) prescribed for the purposes of this subsection.

Note: An application made to the ART for review of a reviewable protection decision cannot be an application to be reviewed on the papers (see paragraph 338(1)(b)).

(3) However, an application is not, or ceases to be, an application to be reviewed on the papers if:

(a) the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act; or

(b) the circumstances (if any) prescribed for the purposes of this paragraph apply in relation to the application.

Regulations

(4) Without limiting paragraphs (2)(b) and (3)(b), regulations made for the purposes of those paragraphs may prescribe kinds of, or circumstances relating to, applications made before, on or after the commencement of those regulations.

(5) The regulations may provide that specified steps taken under this Division or Division 4 in relation to applications that cease to be, or that become, applications to be reviewed on the papers are to be

treated as steps taken under Division 4 or this Division (as the case may be).