Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 427

Powers of the Tribunal etc.

             (1)  For the purpose of the review of a decision, the Tribunal may:

                     (a)  take evidence on oath or affirmation; or

                     (b)  adjourn the review from time to time; or

                     (c)  subject to sections 438 and 440, give information to the applicant and to the Secretary; or

                     (d)  require the Secretary to arrange for the making of any investigation, or any medical examination, that the Tribunal thinks necessary with respect to the review, and to give to the Tribunal a report of that investigation or examination.

             (2)  The Tribunal must combine the reviews of 2 or more Part 7-reviewable decisions made in respect of the same non-citizen.

             (3)  Subject to subsection (4), the Tribunal in relation to a review may:

                     (a)  summon a person to appear before the Tribunal to give evidence; and

                     (b)  summon a person to produce to the Tribunal the documents or things referred to in the summons; and

                     (c)  require a person appearing before the Tribunal to give evidence either to take an oath or affirmation; and

                     (d)  administer an oath or affirmation to a person so appearing.

             (4)  The Tribunal must not summon a person under paragraph (3)(a) or (b) unless the person is in Australia.

             (6)  A person appearing before the Tribunal to give evidence is not entitled:

                     (a)  to be represented before the Tribunal by any other person; or

                     (b)  to examine or cross-examine any other person appearing before the Tribunal to give evidence.

             (7)  If a person appearing before the Tribunal to give evidence is not proficient in English, the Tribunal may direct that communication with that person during his or her appearance proceed through an interpreter.



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