Migration Act 1958

The Minister may substitute a decision (the substituted decision) for a decision (the initial decision) made by the operation of a computer program under an arrangement made under subsection 495A(1) if:

a certificate under paragraph 271(1)(l) relates to the computer program and to the initial decision; and

the certificate states that the computer program was not functioning correctly; and

the substituted decision could have been made under the same provision of the designated migration law as the initial decision; and

the substituted decision is more favourable to the applicant.

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.

Subsection (1) has effect despite:

any law of the Commonwealth; or

any rule of common law;