Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 473EA

Immigration Assessment Authority's decision and written statement

Written statement of decision

             (1)  If the Immigration Assessment Authority makes a decision on a review under this Part, the Authority must make a written statement that:

                     (a)  sets out the decision of the Authority on the review; and

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

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

How and when written decisions are taken to be made

             (2)  A decision on a review 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.

             (3)  The Immigration Assessment Authority has no power to vary or revoke a decision to which subsection (2) applies after the day and time the written statement is made.

Return of documents etc.

             (4)  After the Immigration Assessment Authority makes the written statement, the Authority must:

                     (a)  return to the Secretary any document that the Secretary has provided in relation to the review; and

                     (b)  give the Secretary a copy of any other document that contains evidence or material on which the findings of fact were based.

Validity etc. not affected by procedural irregularities

             (5)  The validity of a decision on a review, and the operation of subsection (3), are not affected by:

                     (a)  a failure to record, under paragraph (1)(c), the day and time when the written statement was made; or

                     (b)  a failure to comply with subsection (4).



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