Compilation of Migration Amendment Regulations 1994 dated 7 August 2021 incorporates the amendments made by Migration Amendment (Clarifying International Obligations for Removal) Regulations 2021 dated 5 August 2021 [“the Instrument”] to insert a new regulation 4.34A prescribing a period of 120 days for the Administrative Appeals Tribunal (AAT) to make a decision on review of the 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 section 419(1) of the Act, the prescribed period of 120 days starts when the AAT receives the application for merits review and ends at the completion of 120 days, starting on the first working day after the AAT received 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 Minister regarding persons who previously engaged in protection obligations but no longer engage in those obligations.
The Compilation is registered on the Federal Register of Legislation on 13 October 2021 and commenced on 7 August 2021. It is currently in force.
