Section 368B — Notice of dismissal and reinstatement decisions and when taken to have been made

368B Notice of dismissal and reinstatement decisions and when taken to have been made

Decisions to which this section applies

(1) This section applies in relation to the following decisions:

(a) a decision under the ART Act to dismiss an application for review of a reviewable migration decision or a reviewable protection decision;

(b) a decision under section 367M of this Act to dismiss an application to be reviewed on the papers;

(c) a decision under section 368C of this Act to reinstate an application.

Written statement

(2) The ART must make a written statement that:

(a) sets out the decision of the ART; and

(b) records the day and time the statement is made.

(3) The decision is taken to have been made:

(a) by making the written statement; and

(b) on the day and at the time the written statement is made.

(4) The ART has no power to vary or revoke the decision after the day and time the written statement is made. Note: However, if the application is reinstated, the application is taken never to have been dismissed (see subsection 368C(4)).

Notice to applicant

(5) The ART must notify the applicant of the decision by giving the applicant a copy of the written statement made under subsection (2). The copy must be given to the applicant:

(a) within 14 days after the day on which the decision is taken to have been made; and

(b) by one of the methods specified in section 379A.

Notice to Secretary

(6) A copy of the written statement made under subsection (2) must also be given to the Secretary within 14 days after the day on which the decision is taken to have been made

Validity etc. not affected by procedural irregularities

(7) The validity of a decision to which this section applies, and the operation of subsection (4), are not affected by:

(a) a failure to record, under paragraph (2)(b), the day and time when the written statement was made; or

(b) a failure to comply with subsection (5) or (6).

Interaction with ART Act

(8) This section applies despite section 112 (notice of decision and statement of reasons—other proceedings) of the ART Act.