Federal Register of Legislation
Migration Amendment (Review Provisions) Act 2007
No. 100, 2007
An Act to amend the Migration Act 1958, and for related purposes
Contents 1 Short title 2 Commencement 3 Schedule(s)
Schedule 1—Review processes of the Migration Review Tribunal and the Refugee Review Tribunal Migration Act 1958
Migration Amendment (Review Provisions) Act 2007
No. 100, 2007
An Act to amend the Migration Act 1958, and for related purposes
[Assented to 28 June 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Amendment (Review Provisions) Act 2007.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Review processes of the Migration Review Tribunal and the Refugee Review Tribunal
Migration Act 1958
1 At the end of section 357A Add:
(3) In applying this Division, the Tribunal must act in a way that is fair and just.
2 After section 359 Insert:
359AA Information and invitation given orally by Tribunal while applicant appearing
If an applicant is appearing before the Tribunal because of an invitation under section 360: (a) the Tribunal may orally give to the applicant clear particulars of any information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review; and (b) if the Tribunal does so—the Tribunal must: (i) ensure, as far as is reasonably practicable, that the applicant understands why the information is relevant to the review, and the consequences of the information being relied on in affirming the decision that is under review; and (ii) orally invite the applicant to comment on or respond to the information; and (iii) advise the applicant that he or she may seek additional time to comment on or respond to the information; and (iv) if the applicant seeks additional time to comment on or respond to the information—adjourn the review, if the Tribunal considers that the applicant reasonably needs additional time to comment on or respond to the information.
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