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This is a Bill, not an Act. For current law, see the Acts databases.

MIGRATION LEGISLATION AMENDMENT BILL (NO. 2) 2008

2008
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Migration Legislation Amendment Bill
(No. 2) 2008
No. , 2008
(Immigration and Citizenship)
A Bill for an Act to amend the law relating to
migration, and for related purposes
i Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts relating to merits revie w
3
Migration Act 1958
3
Schedule 2--Amendme nts relating to judicial revie w
5
Migration Act 1958
5
Schedule 3--Amendme nts relating to appeals against extension
of time decisions
8
Migration Act 1958
8
Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008 1
A Bill for an Act to amend the law relating to
1
migration, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Legislation Amendment Act
5
(No. 2) 2008.
6
2 Commence ment
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedules 1, 2
and 3
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amend ments relating to merits review Schedule 1
Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008 3
1
Schedule 1
--
Amendments relating to merits
2
review
3
4
Migration Act 1958
5
1 Subsection 359(2)
6
After "may invite", insert ", either orally (including by telephone) or in
7
writing,".
8
Note:
The heading to section 359 is altered by omitting "additional".
9
2 Subsection 359(2)
10
Omit "additional".
11
3 Subsection 359(3)
12
Omit "If an invitation", substitute "If a written invitation under
13
subsection (2)".
14
4 Paragraph 359B(1)(a)
15
Repeal the paragraph, substitute:
16
(a) invited in writing under section 359 to give information; or
17
5 Subsection 359B(1)
18
Omit "additional" (last occurring).
19
6 Subsection 359B(2)
20
Omit "additional".
21
7 Paragraph 359C(1)(a)
22
Repeal the paragraph, substitute:
23
(a) is invited in writing under section 359 to give information;
24
and
25
Note:
The heading to section 359C is altered by omitting "additional".
26
8 Subsection 359C(1)
27
Omit "additional" (last occurring).
28
Schedule 1 A mendments relating to merits review
4 Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008
9 Subsection 424(2)
1
After "may invite", insert ", either orally (including by telephone) or in
2
writing,".
3
Note:
The heading to section 424 is altered by omitting "additional".
4
10 Subsection 424(2)
5
Omit "additional".
6
11 Subsection 424(3)
7
Omit "The invitation", substitute "A written invitation under
8
subsection (2)".
9
12 Paragraph 424B(1)(a)
10
Repeal the paragraph, substitute:
11
(a) invited in writing under section 424 to give information; or
12
13 Subsection 424B(1)
13
Omit "additional" (last occurring).
14
14 Subsection 424B(2)
15
Omit "additional".
16
15 Paragraph 424C(1)(a)
17
Repeal the paragraph, substitute:
18
(a) is invited in writing under section 424 to give information;
19
and
20
Note:
The heading to section 424C is altered by omitting "additional".
21
16 Subsection 424C(1)
22
Omit "additional" (last occurring).
23
17 Application
24
The amendments made by this Schedule apply to invitations made by
25
the Migration Review Tribunal and the Refugee Review Tribunal on or
26
after the commencement of this Schedule.
27
28
Amend ments relating to judicial review Schedule 2
Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008 5
1
Schedule 2
--
Amendments relating to judicial
2
review
3
4
Migration Act 1958
5
1 Subsection 477(1)
6
Omit "28 days of the actual (as opposed to deemed) notification of the
7
decision", substitute "35 days of the date of the migration decision".
8
2 Subsections 477(2), (3) and (4)
9
Repeal the subsections, substitute:
10
(2) The Federal Magistrates Court may, by order, extend that 35 day
11
period as the Federal Magistrates Court considers appropriate if:
12
(a) an application for that order has been made in writing to the
13
Federal Magistrates Court specifying why the applicant
14
considers that it is necessary in the interests of the
15
administration of justice to make the order; and
16
(b) the Federal Magistrates Court is satisfied that it is necessary
17
in the interests of the administration of justice to make the
18
order.
19
(3) In this section:
20
date of the migration decision means:
21
(a) in the case of a migration decision made under subsection
22
43(1) of the Administrative Appeals Tribunal Act 1975--the
23
date of the written decision under that subsection; or
24
(b) in the case of a written migration decision made by the
25
Migration Review Tribunal or the Refugee Review
26
Tribunal--the date of the written statement under subsection
27
368(1) or 430(1); or
28
(c) in the case of an oral migration decision made by the
29
Migration Review Tribunal or the Refugee Review
30
Tribunal--the date of the oral decision; or
31
(d) in any other case--the date of the written notice of the
32
decision or, if no such notice exists, the date that the Court
33
considers appropriate.
34
Schedule 2 A mendments relating to judicial review
6 Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008
(4) For the purposes of subsection (1), the 35 day period begins to run
1
despite a failure to comply with the requirements of any of the
2
provisions mentioned in the definition of date of the migration
3
decision in subsection (3).
4
(5) To avoid doubt, for the purposes of subsection (1), the 35 day
5
period begins to run irrespective of the validity of the migration
6
decision.
7
3 Subsection 477A(1)
8
Omit "28 days of the actual (as opposed to deemed) notification of the
9
decision", substitute "35 days of the date of the migration decision".
10
4 Subsections 477A(2), (3) and (4)
11
Repeal the subsections, substitute:
12
(2) The Federal Court may, by order, extend that 35 day period as the
13
Federal Court considers appropriate if:
14
(a) an application for that order has been made in writing to the
15
Federal Court specifying why the applicant considers that it
16
is necessary in the interests of the administration of justice to
17
make the order; and
18
(b) the Federal Court is satisfied that it is necessary in the
19
interests of the administration of justice to make the order.
20
(3) In this section:
21
date of the migration decision has the meaning given by
22
subsection 477(3).
23
(4) For the purposes of subsection (1), the 35 day period begins to run
24
despite a failure to comply with the requirements of any of the
25
provisions mentioned in the definition of date of the migration
26
decision in subsection 477(3).
27
(5) To avoid doubt, for the purposes of subsection (1), the 35 day
28
period begins to run irrespective of the validity of the migration
29
decision.
30
5 Subsection 486A(1)
31
Omit "28 days of the actual (as opposed to deemed) notification of the
32
decision", substitute "35 days of the date of the migration decision".
33
Amend ments relating to judicial review Schedule 2
Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008 7
6 Subsections 486A(1A), (2) and (3)
1
Repeal the subsections, substitute:
2
(2) The High Court may, by order, extend that 35 day period as the
3
High Court considers appropriate if:
4
(a) an application for that order has been made in writing to the
5
High Court specifying why the applicant considers that it is
6
necessary in the interests of the administration of justice to
7
make the order; and
8
(b) the High Court is satisfied that it is necessary in the interests
9
of the administration of justice to make the order.
10
(3) In this section:
11
date of the migration decision has the meaning given by
12
subsection 477(3).
13
(4) For the purposes of subsection (1), the 35 day period begins to run
14
despite a failure to comply with the requirements of any of the
15
provisions mentioned in the definition of date of the migration
16
decision in subsection 477(3).
17
(5) To avoid doubt, for the purposes of subsection (1), the 35 day
18
period begins to run irrespective of the validity of the migration
19
decision.
20
7 Application
21
(1)
The amendments made by this Schedule apply to applications under
22
section 477, 477A or 486A of the Migration Act 1958 made on or after
23
the commencement of this Schedule.
24
(2)
If the application relates to a migration decision made before the
25
commencement of this Schedule, for the purposes of applying
26
sections 477, 477A and 486A of the Migration Act 1958, treat the date
27
of the migration decision as the date of that commencement.
28
29
Schedule 3 A mendments relating to appeals against extension of time decisions
8 Migration Legislation Amendment Bill (No. 2) 2008 No. , 2008
1
Schedule 3
--
Amendments relating to appeals
2
against extension of time decisions
3
4
Migration Act 1958
5
1 At the end of section 476A
6
Add:
7
(3) Despite section 24 of the Federal Court of Australia Act 1976, an
8
appeal may not be brought to the Federal Court from:
9
(a) a judgment of the Federal Magistrates Court that makes an
10
order or refuses to make an order under subsection 477(2); or
11
(b) a judgment of the Federal Court that makes an order or
12
refuses to make an order under subsection 477A(2).
13
(4) Despite section 33 of the Federal Court of Australia Act 1976, an
14
appeal may not be brought to the High Court from a judgment of
15
the Federal Court that makes an order or refuses to make an order
16
under subsection 477A(2).
17
(5) In this section:
18
judgment has the same meaning as in the Federal Court of
19
Australia Act 1976.
20
2 Application
21
The amendment made by this Schedule applies to judgments made on
22
or after the commencement of this Schedule that make an order or
23
refuse to make an order under subsection 477(2) or 477A(2) of the
24
Migration Act 1958.
25

 

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