Parties to a proceeding for review
348A Parties to a proceeding for review
The Minister is taken to be a non‑participating party to a proceeding for review of a reviewable migration decision or a reviewable protection decision for the purposes of the ART Act, other than in relation to a guidance and appeals panel proceeding.
Despite paragraph 22(1)(c) of the ART Act, a person cannot apply to the ART to become a party to the proceeding for review of a reviewable migration decision or a reviewable protection decision.
The Minister:
cannot give a notice to the ART under section 62 (Tribunal may allow non‑participating party to participate) of the ART Act; and
cannot give written submissions in relation to the proceeding under subsection 63(1) of the ART Act.
An order under subsection 63(2) of the ART Act can only be made by the President or a Deputy President of the ART in relation to a proceeding for review of a reviewable migration decision or a reviewable protection decision.
Rules made for the purposes of subsection 64 (rules may deal with elections in relation to participation) of the ART Act do not apply in relation to a proceeding for review of a reviewable migration decision or a reviewable protection decision.
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