Migration Amendment (Review Provisions) Act 2007

Administered by Department of Home Affairs

Legislation au C2007A00100 In force Act

Legislation content

 

 

 

 

 

 

Migration Amendment (Review Provisions) Act 2007

 

No. 100, 2007

 

 

 

 

 

An Act to amend the Migration Act 1958, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Review processes of the Migration Review Tribunal and the Refugee Review Tribunal

Migration Act 1958

 

 

 

Migration Amendment (Review Provisions) Act 2007

No. 100, 2007

 

 

 

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 28 June 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Migration Amendment (Review Provisions) Act 2007.

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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Review processes of the Migration Review Tribunal and the Refugee Review Tribunal

 

Migration Act 1958

1  At the end of section 357A

Add:

 (3) In applying this Division, the Tribunal must act in a way that is fair and just.

2  After section 359

Insert:

359AA  Information and invitation given orally by Tribunal while applicant appearing

  If an applicant is appearing before the Tribunal because of an invitation under section 360:

 (a) the Tribunal may orally give to the applicant clear particulars of any information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review; and

 (b) if the Tribunal does so—the Tribunal must:

 (i) ensure, as far as is reasonably practicable, that the applicant understands why the information is relevant to the review, and the consequences of the information being relied on in affirming the decision that is under review; and

 (ii) orally invite the applicant to comment on or respond to the information; and

 (iii) advise the applicant that he or she may seek additional time to comment on or respond to the information; and

 (iv) if the applicant seeks additional time to comment on or respond to the information—adjourn the review, if the Tribunal considers that the applicant reasonably needs additional time to comment on or respond to the information.

3  Subsection 359A(1)

Omit “subsection (2)”, substitute “subsections (2) and (3)”.

Note: The heading to section 359A is replaced by the heading “Information and invitation given in writing by Tribunal”.

4  Paragraph 359A(1)(a)

After “circumstances,”, insert “clear”.

5  Paragraph 359A(1)(b)

Repeal the paragraph, substitute:

 (b) ensure, as far as is reasonably practicable, that the applicant understands why it is relevant to the review, and the consequences of it being relied on in affirming the decision that is under review; and

6  Paragraph 359A(1)(c)

After “comment on”, insert “or respond to”.

7  After subsection 359A(2)

Insert:

 (3) The Tribunal is not obliged under this section to give particulars of information to an applicant, nor invite the applicant to comment on or respond to the information, if the Tribunal gives clear particulars of the information to the applicant, and invites the applicant to comment on or respond to the information, under section 359AA.

8  Paragraph 359A(4)(b)

After “application”, insert “for review”.

9  After paragraph 359A(4)(b)

Insert:

 (ba) that the applicant gave during the process that led to the decision that is under review, other than such information that was provided orally by the applicant to the Department; or

10  Paragraph 359B(1)(b)

After “comment on”, insert “or respond to”.

Note: The heading to section 359B is replaced by the heading “Requirements for written invitation etc.”.

11  Subsection 359B(1)

Omit “or the comments”, substitute “, or the comments or the response,”.

12  Subsection 359B(2)

Omit “or comments” (first occurring), substitute “, or comments or a response,”.

13  Subsection 359B(2)

Omit “or comments” (second occurring), substitute “, or the comments or the response,”.

14  Subsection 359B(3)

Omit “or comments”, substitute “, or comments or a response,”.

15  Paragraph 359C(2)(a)

After “comment on”, insert “or respond to”.

Note: The heading to section 359C is altered by omitting “or comments” and substituting “, comments or response in response to written invitation”.

16  Paragraph 359C(2)(b)

After “the comments”, insert “or the response”.

17  At the end of section 422B

Add:

 (3) In applying this Division, the Tribunal must act in a way that is fair and just.

18  After section 424

Insert:

424AA  Information and invitation given orally by Tribunal while applicant appearing

  If an applicant is appearing before the Tribunal because of an invitation under section 425:

 (a) the Tribunal may orally give to the applicant clear particulars of any information that the Tribunal considers would be the reason, or a part of the reason, for affirming the decision that is under review; and

 (b) if the Tribunal does so—the Tribunal must:

 (i) ensure, as far as is reasonably practicable, that the applicant understands why the information is relevant to the review, and the consequences of the information being relied on in affirming the decision that is under review; and

 (ii) orally invite the applicant to comment on or respond to the information; and

 (iii) advise the applicant that he or she may seek additional time to comment on or respond to the information; and

 (iv) if the applicant seeks additional time to comment on or respond to the information—adjourn the review, if the Tribunal considers that the applicant reasonably needs additional time to comment on or respond to the information.

19  Subsection 424A(1)

Omit “subsection (3)”, substitute “subsections (2A) and (3)”.

Note: The heading to section 424A is replaced by the heading “Information and invitation given in writing by Tribunal”.

20  Paragraph 424A(1)(a)

After “circumstances,”, insert “clear”.

21  Paragraph 424A(1)(b)

Repeal the paragraph, substitute:

 (b) ensure, as far as is reasonably practicable, that the applicant understands why it is relevant to the review, and the consequences of it being relied on in affirming the decision that is under review; and

22  Paragraph 424A(1)(c)

After “comment on”, insert “or respond to”.

23  After subsection 424A(2)

Insert:

 (2A) The Tribunal is not obliged under this section to give particulars of information to an applicant, nor invite the applicant to comment on or respond to the information, if the Tribunal gives clear particulars of the information to the applicant, and invites the applicant to comment on or respond to the information, under section 424AA.

24  Paragraph 424A(3)(b)

After “application”, insert “for review”.

25  After paragraph 424A(3)(b)

Insert:

 (ba) that the applicant gave during the process that led to the decision that is under review, other than such information that was provided orally by the applicant to the Department; or

26  Paragraph 424B(1)(b)

After “comment on”, insert “or respond to”.

Note: The heading to section 424B is replaced by the heading “Requirements for written invitation etc.”.

27  Subsection 424B(1)

Omit “or the comments”, substitute “, or the comments or the response,”.

28  Subsection 424B(2)

Omit “or comments” (first occurring), substitute “, or comments or a response,”.

29  Subsection 424B(2)

Omit “or comments” (second occurring), substitute “, or the comments or the response,”.

30  Subsection 424B(3)

Omit “or comments”, substitute “, or comments or a response,”.

31  Paragraph 424C(2)(a)

After “comment on”, insert “or respond to”.

Note: The heading to section 424C is altered by omitting “or comments” and substituting “, comments or response in response to written invitation”.

32  Paragraph 424C(2)(b)

After “the comments”, insert “or the response”.

33  Application

The amendments made by this Schedule apply to an application made, after this item commences:

 (a) under section 347 of the Migration Act 1958 for review of an MRT‑reviewable decision; or

 (b) under section 412 of the Migration Act 1958 for review of an RRT‑reviewable decision.

 

 

[Minister’s second reading speech made in—

Senate on 7 December 2006

House of Representatives on 20 June 2007]

(175/06)

 

Overview

The Migration Amendment (Review Provisions) Act 2007 was enacted to amend the Migration Act 1958, specifically targeting the review processes of the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT). This legislation was introduced to address procedural deficiencies in how information was communicated to applicants during reviews, ensuring that the tribunals acted in a fair and just manner. The Act was assented to on 28 June 2007 by the Parliament of Australia, reflecting a commitment to enhancing the integrity and fairness of migration review processes. The policy objective underpinning this Act is to ensure that applicants are provided with clear information and are given adequate opportunity to respond to it, thus contributing to a more equitable review process.

Scope and Application

The Migration Amendment (Review Provisions) Act 2007 amends the Migration Act 1958 to introduce changes to the review processes of the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT). These amendments apply to applications made after the commencement of the Act, specifically under section 347 for MRT-reviewable decisions and section 412 for RRT-reviewable decisions. The Act mandates that the Tribunals act in a fair and just manner when applying the Division, ensuring that applicants understand the relevance and consequences of the information being considered in the review. It also allows the Tribunal to orally communicate particulars of information to an applicant appearing before it and to invite the applicant to comment or respond to that information. The Act extends to the Commonwealth of Australia, encompassing federal jurisdiction over migration matters. There are no specific exclusions or exemptions stated within the Act itself, although the application and interpretation may be further detailed through subordinate instruments or case law.

Key Provisions

The Migration Amendment (Review Provisions) Act 2007 introduces several changes to the Migration Act 1958, specifically targeting the review processes handled by the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT). The most notable changes include the introduction of new sections 359AA and 424AA, which provide for the Tribunal to orally inform applicants of specific information that may be relevant to the review of their case, provided they are given a reasonable opportunity to understand and respond to this information. If the Tribunal opts to provide this information orally, they are not required to offer the same information in writing under sections 359A and 424A, respectively, unless specifically requested. These new sections ensure that applicants are fully aware of the information that may impact the outcome of their case and can respond accordingly. The Act imposes obligations on both the Tribunal and the applicants to ensure that the review process is transparent and fair. The Tribunal must act in a manner that is fair and just, as specified in sections 357A(3) and 422B(3). This includes ensuring that applicants understand the relevance of the information provided and its potential impact on the review outcome. It also requires the Tribunal to invite applicants to comment on or respond to this information and to provide the opportunity for additional time if needed. For applicants, this means they have the right to be fully informed about the review process and to adequately prepare their response. Failure to comply with the provisions of this Act can result in legal consequences. While the Act does not explicitly outline specific offences or penalties, non-compliance with the outlined procedures could potentially lead to the review being deemed unfair or unjust, which may result in the decision being quashed by a higher court. Additionally, if the Tribunal fails to follow the required procedures, it could be subject to judicial review, leading to potential legal action against the Tribunal or its members for procedural errors. The Act’s amendments apply to applications made for review after the commencement of the Act, specifically those filed under section 347 for MRT-reviewable decisions or section 412 for RRT-reviewable decisions. This ensures that the new review processes are uniformly applied to all new cases, maintaining consistency and fairness in the review process across all tribunal decisions.

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Area of Law
Immigration & Refugee Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Administrative Discretion

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.