Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 4.21

  (1)   For subsection   360A(4) of the Act, this regulation sets out the prescribed period of notice of the day on which, and the time and place at which, an applicant is scheduled to appear before the Tribunal in response to an invitation.

  (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 of notice:

  (a)   commences when the detainee receives notice of the invitation to appear before the Tribunal; and

  (b)   ends at the end of:

  (i)   2 working days after the day the detainee receives notice of the invitation to appear before the Tribunal; 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 of notice:

  (a)   commences when the detainee receives notice of the invitation to appear before the Tribunal; and

  (b)   ends at the end of:

  (i)   7 days after the day the detainee receives notice of the invitation to appear before the Tribunal; 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 of notice:

  (a)   commences when the person receives notice of the invitation to appear before the Tribunal; and

  (b)   ends at the end of:

  (i)   14 days after the day the person receives notice of the invitation to appear before the Tribunal; or

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

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.