Migration Act 1958

If an application for review of a reviewable migration decision or a reviewable protection decision is made to the ART, the ART must, as soon as practicable, give the Secretary written notice of the making of the application.

Subject to subsection (3), the Secretary must, within 10 working days after being notified of the application, give to the ART the prescribed number of copies of a statement about the decision under review that:

sets out the findings of fact made by the person who made the decision; and

refers to the evidence on which those findings were based; and

gives the reasons for the decision.

If the application is for review of a decision covered by subsection 338(4) (certain bridging visa decisions), the Secretary must comply with the requirements of subsection (2) within 2 working days after being notified of the application.

The Secretary must, as soon as is practicable after being notified of the application, give to the ART each other document, or part of a document, that is in the Secretary’s possession or control and is considered by the Secretary to be relevant to the review of the decision.