The 90-day period is to be reckoned from the time the Secretary responded to the Registrar’s written notice of the existence of such an application for review under s 418 (1). Within 10 days of receipt of that written notice, the Secretary must respond with a written statement concerning the decision being reviewed setting out the findings of facts of the deciding person, evidence supporting such decision and reasons for such decision under s 418 (2). The only exception to the reviewability rule is when the Minister has forbidden it by issuing a conclusive certificate which precludes a review of his decision if he has determined that a review would not be in the best interest of the country in accordance with s 411 (3). For Mischa’s application to be valid and aside from complying with the prescriptive period of 28 days, his application must be: in the prescribed form; with the prescribed application fee, if one is required. In addition, such application can only be lodged by Mischa while he is in Australia.
Q2 Advise Mischa with respect to his situation. Include in your advice responses the following questions: (a) What is his current immigration status? (b) How can he remain in Australia lawfully whilst he responds to these allegations and the decision to cancel his visa is reviewed?
Ans.: The cancellation Mischa’s protection visa has the effect of making him an unlawful citizen. This is the principle laid down in s 15, Part 2 of the Migration Act 1958, which makes the unlawful status effective immediately after cancellation unless the individual is the holder of another valid visa.
For Mischa to be able to stay in Australia lawfully, he must apply for another visa. However, under s 48 (1) (ii) and s 48A (1) (b) of the Migration Act of 1958, Mischa is prohibited from applying for another protection visa. What Mischa can do to make his stay in Australia legal while waiting for the conclusion of the review of his appeal with the RRT, is