# Minister may substitute more favourable decision

> act-s351 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

351 Minister may substitute more favourable decision
          (1) If the Minister thinks that it is in the public interest to do so, the
              Minister may substitute for a decision of the ART referred to in
              subsection (1A) another decision, being a decision that is more
              favourable to the applicant, whether or not the ART had the power
              to make that other decision.
        (1A) For the purposes of subsection (1), the decisions are as follows:
              (a) a decision under section 349 of this Act;
              (b) a decision under section 368C of this Act;
              (c) a decision under section 105 of the ART Act.
          (2) In exercising the power under subsection (1), the Minister is not
              bound by Subdivision AA or AC of Division 3 of Part 2 or by the
              regulations, but is bound by all other provisions of this Act.
          (3) The power under subsection (1) may only be exercised by the
              Minister personally.
          (4) If the Minister substitutes a decision under subsection (1), he or she
              is to cause to be laid before each House of the Parliament a
              statement that:
                (a) sets out the decision of the ART; and
                (b) sets out the decision substituted by the Minister; and








                  (c) sets out the reasons for the Minister’s decision, referring in
                      particular to the Minister’s reasons for thinking that his or her
                      actions are in the public interest.
          (5) A statement made under subsection (4) in relation to a reviewable
              migration decision is not to include:
               (a) the name of the applicant; or
               (b) if the Minister thinks that it would not be in the public
                    interest to publish the name of another person connected in
                    any way with the matter concerned—the name of that other
                    person.
        (5A) A statement made under subsection (4) in relation to a reviewable
             protection decision is not to include:
               (a) the name of the applicant; or
              (b) any information that may identify the applicant; or
               (c) if the Minister thinks that it would not be in the public
                   interest to publish the name of another person connected in
                   any way with the matter concerned—the name of that other
                   person or any information that may identify that other person.
          (6) A statement under subsection (4) is to be laid before each House of
              the Parliament within 15 sitting days of that House after:
                (a) if the decision is made between 1 January and 30 June
                    (inclusive) in a year—1 July in that year; or
                (b) if a decision is made between 1 July and 31 December
                    (inclusive) in a year—1 January in the following year.
          (7) The Minister does not have a duty to consider whether to exercise
              the power under subsection (1) in respect of any decision, whether
              he or she is requested to do so by the applicant or by any other
              person, or in any other circumstances.