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MIGRATION REGULATIONS 1994 - REG 4.19

Summons to attend before Tribunal

  (1)   For paragraph   363(3)(a) of the Act, this regulation sets out the manner of serving on a person a summons to appear before the Tribunal to give evidence.

  (2)   For paragraph   363(3)(b) of the Act, this regulation sets out the manner of serving on a person a summons to produce to the Tribunal such documents as are referred to in the summons.

  (3)   If the person has notified the Tribunal of an address for service under regulation   4.39, the summons must be served by one of the methods specified in section   379A of the Act.

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.

  (4)   If the person has not notified the Tribunal of an address for service under regulation   4.39, the summons must be served in one of the following ways:

  (a)   by handing it to the person personally;

  (b)   by handing it to another person who:

  (i)   is at the person's last residential or business address known to the Tribunal; and

  (ii)   appears to live there (in the case of a residential address) or work there (in the case of a business address); and

  (iii)   appears to be at least 16 years of age;

  (c)   by dating it, and then dispatching it:

  (i)   within 3 working days (in the place of dispatch) of the date of the document; and

  (ii)   by prepaid post or by other prepaid means;

    to the person's last residential or business address known to the Tribunal.


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