Scope of this Division
act-s367C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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).