Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 473DE

Certain new information must be given to referred applicant

             (1)  The Immigration Assessment Authority must, in relation to a fast track reviewable decision:

                     (a)  give to the referred applicant particulars of any new information, but only if the new information:

                              (i)  has been, or is to be, considered by the Authority under section 473DD; and

                             (ii)  would be the reason, or a part of the reason, for affirming the fast track reviewable decision; and

                     (b)  explain to the referred applicant why the new information is relevant to the review; and

                     (c)  invite the referred applicant, orally or in writing, to give comments on the new information:

                              (i)  in writing; or

                             (ii)  at an interview, whether conducted in person, by telephone or in any other way.

             (2)  The Immigration Assessment Authority may give the particulars mentioned in paragraph (1)(a) in the way that the Authority thinks appropriate in the circumstances.

             (3)  Subsection (1) does not apply to new information that:

                     (a)  is not specifically about the referred applicant and is just about a class of persons of which the referred applicant is a member; or

                     (b)  is non-disclosable information; or

                     (c)  is prescribed by regulation for the purposes of this paragraph.

Note:          Under subsection 473DA(2) the Immigration Assessment Authority is not required to give to a referred applicant any material that was before the Minister when the Minister made the decision under section 65.



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