Migration Amendment (Review Provisions) Act 2007
1 July 2007 - Legislation change
Client summary
The Migration Act 1958 ('the Act') will be amended to:
- allow the Migration Review Tribunal and the Refugee Review Tribunal to give procedural fairness to review applicants by, during a hearing, allowing the Tribunals to orally give clear particulars of any information that the Tribunal considers would be the reason, or part of the reason, for affirming the decision that is under review and invite the applicant to comment on or respond to the information
- provide that the obligation to give an applicant information and invite comment on or a response to the information does not extend to information already provided by the applicant to the Department, as part of the process leading to the decision under review, other than information that the applicant has given orally to the Department.
The Migration Amendment (Review Provisions) Act 2007 (the Amending Act) amends the the Act. The Amending Act is expected to receive Royal Assent on or before 30 June 2007 and commence the day after Royal Assent.
Technical details
The following new provisions will be inserted into the Migration Act:
- sections 359AA and 424AA
- subsections 357A(3), 359A(3), 422B(3), 424A(2A)
- paragraphs 359A(4)(ba) and 424A(3)(ba).
The following provisions of the Migration Act will be amended:
- subsections 359A(1), 359B(1), 359B(2), 359B(3), 424A(1), 424B(1), 424B(2), and 424B(3)
- paragraphs 359A(1)(a), 359A(1)(b), 359A(1)(c), 359A(4)(b), 359B(1)(b), 359C(2)(a), 359C(2)(b), 424A(1)(a), 424A(1)(b), 424A(1)(c), 424A(3)(b), 424B(1)(b), 424C(2)(a) and 424C(2)(b).
Additional information: Nil
Related amendments to the Migration Regulations 1994 (the Regulations): Nil
Application of the new provisions: The amendments apply to an application made, after the day on which the Amending Act receives Royal Assent:
- under section 347 of the Act for review of an MRT-reviewable decision
or - under section 412 of the Act for review of an RRT-reviewable decision.
Forms: Nil
Instructions: Nil
Effect on delegations: Nil
Effect on systems: The amendments made by the Amending Act will be included in the July 1 2007 stack of LEGEND