Migration Amendment (Clarifying International Obligations for Removal) Regulations 2021dated 5 August 2021 [“the Instrument”] amends the Migration Regulations 1994 to insert a new regulation 4.34A prescribing a period of 120 days for the Administrative Appeals Tribunal (AAT) to make decision on review of decision under subsection 197D(2) of the Migration Act and notify the applicant of the outcome. The change aims at ensuring expeditious review on the decisions and providing certainty to the review applicants, specifically those in immigration detention.
The Instrument states that for the purposes of section419(1) of the Act, the prescribed period of 120 days starts when the AATreceives the application for merits review and ends at the completion of 120 days, starting on the first working day after the AATreceived the review application. However, the amendment does not preclude the AAT to make a decision at any stage before the completion of 120 days.
Subsection 197D(2) of the Migration Act provides the decision‑making power to the Ministerregardingpersons who previously engaged in protection obligations but no longer engage in those obligations.
The Instrument is registered on the Federal Register of Legislation on 06 August 2021 and commenced on 7 August 2021. It is currently in force.
To access the Instrument, click here.
