Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION ACT 1958 - SECT 362C

Failure to appear--Tribunal's decisions, written statements and notifying the applicant

Decisions to which this section applies

             (1)  This section applies in relation to the following decisions (each of which is a non-appearance decision ):

                     (a)  a decision to dismiss an application under paragraph 362B(1A)(b);

                     (b)  a decision to reinstate an application under paragraph 362B(1C)(a) and to give directions (if any) under that paragraph.

Note:          For similar provisions applying to a decision to confirm the dismissal of an application under section 362B, see sections 368 and 368A.

Written statement of decision

             (2)  If the Tribunal makes a non-appearance decision, the Tribunal must make a written statement that:

                     (a)  sets out the decision; and

                     (b)  sets out the reasons for the decision; and

                     (c)  in the case of a decision to reinstate an application:

                              (i)  sets out the findings on any material questions of fact; and

                             (ii)  refers to the evidence or any other material on which the findings of fact were based; and

                     (d)  records the day and time the statement is made.

             (3)  A non-appearance decision is taken to have been made:

                     (a)  by the making of the written statement; and

                     (b)  on the day, and at the time, the written statement is made.

             (4)  The Tribunal has no power to vary or revoke a non-appearance decision after the day and time the written statement is made.

Note:          However, if the application is reinstated, the application is taken never to have been dismissed (see subsection 362B(1D)).

Notice to applicant

             (5)  The Tribunal must notify the applicant of a non-appearance decision by giving the applicant a copy of the written statement made under subsection (2). The copy must be given to the applicant:

                     (a)  within 14 days after the day on which the decision is taken to have been made; and

                     (b)  by one of the methods specified in section 379A.

             (6)  In the case of a decision to dismiss the application, the copy of the statement must be given to the applicant together with a statement describing the effect of subsections 362B(1B) to (1F).

Notice to Secretary

             (7)  A copy of the written statement made under subsection (2) must also be given to the Secretary:

                     (a)  within 14 days after the day on which the decision is taken to have been made; and

                     (b)  by one of the methods specified in section 379B.

Validity etc. not affected by procedural irregularities

             (8)  The validity of a non-appearance decision, and the operation of subsection (4), are not affected by:

                     (a)  a failure to record, under paragraph (2)(d), the day and time when the written statement was made; or

                     (b)  a failure to comply with subsection (5), (6) or (7).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback