Migration Legislation Amendment Act (No. 1) 2009
No. 10, 2009
An Act to amend the law relating to migration, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments relating to merits review
Migration Act 1958
Schedule 2—Amendments relating to judicial review
Migration Act 1958
Schedule 3—Amendments relating to appeals against extension of time decisions
Migration Act 1958
Migration Legislation Amendment Act (No. 1) 2009
No. 10, 2009
An Act to amend the law relating to migration, and for related purposes
[Assented to 25 February 2009]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment Act (No. 1) 2009.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 25 February 2009 |
2. Schedules 1, 2 and 3 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 15 March 2009 (see F2009L01026) |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments relating to merits review
Migration Act 1958
1 Subsection 359(2)
After “may invite”, insert “, either orally (including by telephone) or in writing,”.
Note: The heading to section 359 is altered by omitting “additional”.
2 Subsection 359(2)
Omit “additional”.
3 Subsection 359(3)
Omit “If an invitation”, substitute “If a written invitation under subsection (2)”.
4 Paragraph 359B(1)(a)
Repeal the paragraph, substitute:
(a) invited in writing under section 359 to give information; or
5 Subsection 359B(1)
Omit “additional” (last occurring).
6 Subsection 359B(2)
Omit “additional”.
7 Paragraph 359C(1)(a)
Repeal the paragraph, substitute:
(a) is invited in writing under section 359 to give information; and
Note: The heading to section 359C is altered by omitting “additional”.
8 Subsection 359C(1)
Omit “additional” (last occurring).
9 Subsection…
Overview
The Migration Legislation Amendment Act (No. 1) 2009 was enacted by the Parliament of Australia to address several issues in the existing migration legislation, primarily focusing on improving the efficiency and fairness of the merits review, judicial review, and appeals process. The Act was assented to on 25 February 2009, with certain provisions commencing on 15 March 2009. The overarching policy objective of the Act is to enhance the effectiveness of migration law by streamlining the review processes and ensuring timely and appropriate judicial interventions.
The Act introduces amendments to the Migration Act 1958 to refine the procedures for merits review, ensuring that invitations for information are clearly specified as written communications. It also revises the timeframes for judicial review applications, extending the period from 28 to 35 days from the date of the migration decision. Additionally, the Act restricts the ability to appeal certain decisions related to the extension of time for judicial review applications, aiming to prevent unnecessary delays and ensure a more efficient judicial process.
Scope and Application
The Migration Legislation Amendment Act (No. 1) 2009 amends the Migration Act 1958, introducing significant changes to the legal framework governing migration processes in Australia. This Act applies to individuals, entities, and tribunals involved in migration proceedings, including the Migration Review Tribunal and the Refugee Review Tribunal. It also applies to judicial review proceedings conducted by the Federal Magistrates Court, the Federal Court, and the High Court concerning migration decisions. The Act is a Commonwealth legislation, thereby having a national jurisdictional reach, applying across all states and territories of Australia. The Act specifies that its amendments apply to invitations, applications, and judgments made on or after the commencement dates set forth in the Act, which are 25 February 2009 for certain provisions and 15 March 2009 for others. The Act does not provide for specific exclusions or exemptions, but the application of its provisions is contingent upon the dates of the actions to which they relate.
The Act also extends its application through subordinate instruments by allowing for certain provisions to be implemented by proclamation, thereby granting flexibility in the timing of their commencement. For instance, the commencement dates for Schedules 1, 2, and 3 are to be fixed by proclamation, providing the government with the ability to delay the application of these amendments if necessary. This mechanism ensures that the Act can be implemented in a controlled manner, allowing for adequate preparation and transition within the relevant tribunals and courts. The Act does not specify any exclusions or thresholds that would limit its application to particular classes of persons or entities, ensuring a broad and inclusive scope of reform within the migration legislative framework.
Key Provisions
- The Migration Legislation Amendment Act (No. 1) 2009 introduces significant changes to the Migration Act 1958, primarily focusing on merits review, judicial review, and appeals against extensions of time. These amendments are detailed in the schedules of the Act and apply to decisions made by the Migration Review Tribunal and the Refugee Review Tribunal on or after the commencement of the respective schedules. The Act also modifies the timeframes for judicial review applications and restricts the circumstances under which appeals against time extension decisions can be made.
- The Act imposes several obligations on the parties and entities it governs. For instance, it mandates that invitations to provide information in merits review proceedings must now be in writing, aligning with sections 359 and 424 of the Migration Act 1958. Additionally, it modifies the timeframe for initiating judicial review applications, extending the period from 28 days to 35 days from the date of the migration decision, as outlined in sections 477, 477A, and 486A. Furthermore, it restricts the ability to appeal certain Federal Magistrates Court and Federal Court decisions regarding extensions of time for judicial review applications, as specified in section 476A.
- There are no explicit offences, penalties, or civil/criminal consequences detailed within the Act itself. However, the provisions concerning judicial review and appeals against time extension decisions may have indirect consequences if not complied with. For instance, failure to adhere to the modified timeframes for judicial review applications may result in the application being deemed out of time, potentially leading to the dismissal of the application. Similarly, attempts to appeal restricted decisions may be unsuccessful, resulting in the original decision standing. The primary consequence of non-compliance is thus the potential loss of the opportunity to challenge a migration decision through the judicial review process.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Judicial Review
- Enforcement Powers
