# Remittal

> act-s349 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.
