Section 368 — ART’s decision and written statement etc.

Written statement must be made

(1) If the ART makes a decision on a review, the ART must make a written statement that:

(a) sets out the decision of the ART on the review; and

(b) includes a statement of reasons (within the meaning of the ART Act) for the ART’s decision; and

(c) in the case of a decision under paragraph 368C(3)(b) or subsection 368C(5) to confirm the dismissal of an application—indicates that, under subsection 368C(6), the decision under review is taken to be affirmed; and

(d) records the day and time the statement is made.

(2) Subsection (1) is subject to:

(a) paragraphs 375A(2)(b) and 376(3)(b) of this Act; and

(b) sections 70 (Tribunal may restrict publication or disclosure of information) and 91 (disclosure of information—public interest certificate) of the ART Act. Certain decisions may be given orally before written statement made

(3) Subject to subsection 368C(7), the ART may give a decision on a review and the reasons for the decision orally before making the written statement.

Note: Decisions made under paragraph 368C(3)(b) or subsection 368C(5) cannot be given orally (see subsection 368C(7)).

(4) If subsection (3) applies, the ART must identify, and make a written record of, the day and time the decision is given orally. Decision cannot be changed

(5) The ART has no power to vary or revoke the decision after:

(a) if the decision on a review is given to the applicant orally before making the written statement—the day and time the decision is given orally; or

(b) otherwise—the day and time the written statement under subsection (1) is made. When decision taken to have been made

(6) If the decision is not given to the applicant orally before the written statement is made, the decision is taken to have been made:

(a) by the making of the written statement; and

(b) on the day, and at the time, the written statement is made.

(7) If the decision is given to the applicant orally before the written statement is made, the decision is taken to have been made, and notified to the applicant, on the day and at the time the decision is given orally to the applicant. Validity etc. not affected by procedural irregularities

(8) The validity of a decision on a review, and the operation of subsection (5), are not affected by:

(a) a failure to record, under paragraph (1)(d), the day and time when the written statement was made; or

(b) a failure to identify or record, under subsection (4), the day and time when the decision was given orally. Interaction with the ART Act

(9) This section applies despite sections 111 (notice of decision and statement of reasons—review of reviewable decision) and 112 (notice of decision and statement of reasons—other proceedings) of the ART Act. Migration Act 1958 161 Part 5 Reviewable migration decisions and reviewable protection decisions Division 5 ART decisions