Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 4.18A

  (1)   This regulation applies, for subregulation   359B(4) of the Act, if:

  (a)   a person is invited to give additional information, or to comment on information, within a period prescribed in regulation   4.17; and

  (b)   the invitation is to give the information or comments other than at an interview; and

  (c)   the prescribed period is to be extended by the Tribunal.

  (2)   If the invitation relates to an application for review of a decision that applies to a detainee seeking review of a decision under subsection   338(4) of the Act, the period by which the Tribunal may extend the prescribed period:

  (a)   commences when the detainee receives notice of the extended period; and

  (b)   ends at the end of:

  (i)   2 working days after the day the detainee receives notice of the extended period; or

  (ii)   if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.

  (3)   If the invitation relates to an application for review of a decision that applies to a detainee who is not seeking review of a decision under subsection   338(4) of the Act, the period by which the Tribunal may extend the prescribed period:

  (a)   commences when the detainee receives notice of the extended period; and

  (b)   ends at the end of:

  (i)   14 days after the day the detainee receives notice of the extended period; or

  (ii)   if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.

  (4)   If the invitation relates to any other application for review of a decision, the period by which the Tribunal may extend the prescribed period:

  (a)   commences when the person receives notice of the extended period; and

  (b)   ends at the end of:

  (i)   14 days after the day the person receives notice of the extended period; or

  (ii)   if the person agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.

  (6)   A response to the invitation is taken to be given to the Tribunal when a registry of the Tribunal receives the response.

Note 1:   If the Tribunal gives a person a document by a method specified in section   379A of the Act, the person is taken to have received the document at the time specified in section   379C of the Act in respect of the method.

Note 2:   A document given to a person in immigration detention is given in the manner specified in regulation   5.02.