Linda Reynolds (WA, Liberal Party, Minister for Defence) Share this | Hansard source

In response, Senator McKim, I reiterate that a decision to make a TEO is subject to an administrative review by an independent reviewing authority. Secondly, it is subject to judicial review, which is not a review of its merits but of its legality. I was very clear that the decision is not subject to merits review. My exact answer was, and I'll reconfirm what I said then: I can confirm that it is subject to administrative review before it comes into force and, secondly, that it is subject to judicial review. I clarified this further earlier by stating that allowing merits review would lengthen the decision-making process and allow a person to return to Australia without adequate notice or control of their return. Again, I believe I was very clear that the decision is not subject to merits review.