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Migration Legislation Amendment Act (No. 1) 2009

15 March 2009 Legislation Change

Client summary

The Migration Legislation Amendment Act (No. 1) 2009 (the Amending Act) amends the Migration Act 1958 (the Act). The Amending Act commences on Proclamation.  Proclamation will be 15 March 2009.

The Act is amended by the Amending Act to:

  • clarify that the Migration Review Tribunal and the Refugee Review Tribunal  may invite either orally (including by telephone) or in writing, review applicants or third parties to give information;
  • reinstate effective and uniform time limits for applying for judicial review of a migration decision in the Federal Magistrates Court, Federal Court and High Court; and
  • limit appeals against judgments by the Federal Magistrates Court and the Federal Court that make an order or refuse to make an order to extend time to apply for judicial review of migration decisions.

Affected legislation

The following provisions of the Act are affected:

  • Subsections 359(2) and (3) are amended
  • Subsections 359B(1) and (2) are amended
  • Subsection 359C(1) is amended
  • Subsections 424(2) and (3) are amended
  • Subsection 424B(1) and (2) are amended
  • Subsection 424C(1) is amended
  • Subsections 476A(3), (4) and (5) are added
  • Subsections 477(1), (2), (3) and (4) are amended
  • Subsection 477(5) is added
  • Subsections 477A(1), (2), (3) and (4) are amended
  • Subsection 477A(5) is added
  • Subsections 486A(1), (2) and (3) are amended
  • Subsection 486A(1A) is repealed
  • Subsections 486A(4) and (5) are added

Additional information: Nil

Application of the new provisions:

The amendments relating to merits review apply to invitations made by the Migration Review Tribunal and the Refugee Review Tribunal on or after 15 March 2009.

The amendments relating to time limits apply to applications to the Federal Magistrates Court, Federal Court and High Court for remedy to be granted in exercise of those court’s original jurisdiction made on or after 15 March 2009. However, if an application relates to a migration decision made before 15 March 2009, then the date of the migration decision will be treated as 15 March 2009.

The amendments relating to limitation on appeals applies to judgments made on or after 15 March 2009 that make an order, or refuse to make an order to extend time for applying for judicial review of a migration decision.

Forms: Nil

Instructions: PAM3 will be amended to reflect these changes as soon as reasonably practicable.