Migration Legislation Amendment (Procedural Fairness) Act 2002
No. 60, 2002
An Act to amend the Migration Act 1958, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendments
Migration Act 1958
Migration Legislation Amendment (Procedural Fairness) Act 2002
No. 60, 2002
An Act to amend the Migration Act 1958, and for related purposes
[Assented to 3 July 2002]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment (Procedural Fairness) Act 2002.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Migration Act 1958
1 Before section 52
Insert in Subdivision AB:
51A Exhaustive statement of natural justice hearing rule
(1) This Subdivision is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters it deals with.
(2) Sections 494A to 494D, in so far as they relate to this Subdivision, are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters they deal with.
2 After section 97
Insert:
97A Exhaustive statement of natural justice hearing rule
(1) This Subdivision is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters it deals with.
(2) Sections 494A to 494D, in so far as they relate to this Subdivision, are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters they deal with.
3 Before section 119
Insert in Subdivision E:
118A Exhaustive statement of natural justice hearing rule
(1) This Subdivision is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters it deals with.
(2) Sections 494A to 494D, in so far as they relate to this Subdivision, are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters they deal with.
4 Before section 128
Insert in Subdivision F:
127A Exhaustive statement of natural justice hearing rule
(1) This Subdivision is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters it deals with.
(2) Sections 494A to 494D, in so far as they relate to this Subdivision, are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters they deal with.
5 Before section 358
Insert in Division 5:
357A Exhaustive statement of natural justice hearing rule
(1) This Division is taken to be an exhaustive…
Overview
The Migration Legislation Amendment (Procedural Fairness) Act 2002 was enacted by the Parliament of Australia to amend the Migration Act 1958 with the aim of ensuring procedural fairness in migration-related decisions. The Act specifically addresses gaps in the procedural fairness requirements for various migration decisions, such as visa applications and cancellations, by incorporating an exhaustive statement of the natural justice hearing rule in relevant sections of the Migration Act 1958. The policy objective underpinning this Act is to enhance the fairness and transparency of the administrative processes involved in making migration-related decisions, ensuring that affected individuals have a fair opportunity to present their case and respond to adverse findings. This legislative amendment aims to align the procedural fairness requirements with the principles of natural justice, thereby providing a robust framework for handling migration-related matters.
Scope and Application
The Migration Legislation Amendment (Procedural Fairness) Act 2002 amends the Migration Act 1958, introducing new provisions to ensure procedural fairness in relation to visa applications, reviews, and cancellations. Specifically, the Act provides that certain subdivisions within the Migration Act are exhaustive statements of the natural justice hearing rule, clarifying the procedural requirements that must be met in these contexts. This amendment applies to any visa application or cancellation made on or after the Act's commencement, ensuring that the principles of natural justice are strictly adhered to in these processes. The Act also ensures that its provisions do not limit the scope or operation of other sections of the Migration Act, particularly section 474, which deals with the exercise of powers by the Minister.
Geographically, the Act operates within the Commonwealth of Australia, as it amends a federal statute. The Act does not specify any exclusions, exemptions, or thresholds within its primary text, but it allows for further regulation through subordinate instruments. These could potentially extend or restrict the application of the Act's provisions by specifying additional details or conditions under which the amendments operate. The amendments are designed to ensure clarity and fairness in the administrative processes related to migration within Australia.
Key Provisions
- The Migration Legislation Amendment (Procedural Fairness) Act 2002 (C2004A01001) amends the Migration Act 1958 to ensure procedural fairness in the administration of the Act, particularly concerning the natural justice hearing rule. The Act inserts provisions into the Migration Act 1958 stating that certain subdivisions and divisions are exhaustive statements of the natural justice hearing rule. Specifically, these are Subdivision AB (items 1 and 2), Subdivision E (item 3), Subdivision F (item 4), Division 5 (item 5), and Division 4 (item 6). These new provisions, referred to as sections 51A, 97A, 118A, 127A, 357A, and 422B, clarify that they, along with certain other sections (494A to 494D, 375, 375A, 376, 416, 437, 438, and Division 8A and 7A), comprehensively outline the procedural fairness requirements for specific visa applications and cancellations.
- The Act imposes clear obligations on the parties and entities it governs, ensuring that procedural fairness is maintained in the administration of visa applications and cancellations. This includes the requirement that any application for a visa or review must adhere to the exhaustive statements of the natural justice hearing rule. Moreover, it mandates that any visa cancellation under specific sections of the Act must be conducted with due process as outlined in the new provisions. The Act specifies the application scope of these amendments, ensuring they apply to visa applications and reviews made after the Act's commencement and to visa cancellations where notices were given post-commencement.
- Breach of the procedural fairness requirements outlined in the Act can lead to significant consequences. Although the Act does not specify maximum penalties for breaches, it implies that non-compliance could result in legal challenges, reviews, and potential overturning of decisions made without proper adherence to the natural justice hearing rule. Such breaches could also impact the legitimacy and fairness of the visa application and cancellation processes, leading to broader implications for affected individuals and entities.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Natural Justice Hearing Rule