International Protection Act 2026
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Appeal of section 86 decision | ||
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89. (1) The Minister shall by regulations provide for the procedure by which a section 86 decision that reduces or withdraws an applicant’s material reception benefits may be appealed. | ||
(2) The Minister for Social Protection shall by regulations provide for the procedure by which a section 86 decision that reduces or withdraws an applicant’s daily expenses allowance may be appealed. | ||
(3) An appeal under regulations under this section shall include a review of the reasons for the section 86 decision. | ||
(4) Where an appeal under regulations under this section is to a judicial authority, the Minister who makes the regulations shall ensure that free legal assistance and representation— | ||
(a) is made available as necessary to ensure effective access to justice, and | ||
(b) is provided by legal representatives whose interests do not conflict, or could not potentially conflict, with those of the applicant. | ||
(5) Legal assistance and representation referred to in subsection (4) shall consist of the preparation of the appeal or request for review, including, at least, the preparation of the required procedural documents, and participation in the hearing before the judicial authorities on behalf of the applicant. |