Migration Regulations 1994

This regulation applies to a review of a decision if:

both:

on review by a court, the decision is remitted for reconsideration by the ART; and

the ART remits a matter to which the decision relates with a permissible order under regulation 4.33; or

the Minister, under section 351 or repealed section 417 of the Act, has substituted for the decision of the Administrative Appeals Tribunal or the ART a decision that is favourable to the applicant.

A fee paid under regulation 4.31B, or liable to be paid under regulation 4.31B, in relation to a decision to which this regulation applies is to be refunded, or waived, as the case requires.