Migration Legislation Amendment Act (No. 1) 1998

Legislation au C2004A00367 In force Act

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Migration Legislation Amendment Act (No. 1) 1998

Act No. 113 of 1998 as amended

This compilation was prepared on 29 October 2001

[This Act was amended by Act No. 58 of 2001]

Amendment from Act No. 58 of 2001

[Schedule 4 (item 3) amended Schedule 3 (item 12)

Schedule 4 (item 3) commenced immediately after 1 June 1999]

[This Act was amended by Act No. 129 of 2001]

Amendments from Act No. 129 of 2001

[Schedule 2 (item 8) repealed Schedule 2 (item 6)
Schedule 2 (item 9) amended heading to Schedule 3 (item 12)

Schedule 2 (items 8 and 9) commenced on 1 June 1999]

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Schedule(s)..................................

Schedule 1—MRT‑reviewable decisions

Part 1—Amendments

Migration Act 1958

Division 2—Decisions reviewable by Migration Review Tribunal

338 Decisions reviewable by Migration Review Tribunal.........

339 Conclusive certificates...........................

Division 3—Review of decisions by Migration Review Tribunal

355A Reconstitution of Tribunal for efficient conduct of review......

359 Tribunal may seek additional information................

359A Applicant must be given certain information..............

359B Invitation to give additional information or comments.........

359C Failure to give additional information or comments..........

360 Tribunal must invite applicant to appear.................

360A Notice of invitation to appear.......................

362A Applicant entitled to have access to written material before Tribunal

362B Failure of applicant to appear before Tribunal..............

368A Tribunal must invite parties to handing down of decision.......

368B Tribunal decision to be handed down...................

368C Applicant taken to be notified when representative notified......

368D Tribunal must notify parties (parties not invited to handing down of decision)             

369 Certain Tribunal decisions to be published................

379A Methods of dispatch of certain documents................

Part 2—Transitional provisions

Schedule 2—Migration Review Tribunal

Part 1—Amendments

Migration Act 1958

Part 6—Migration Review Tribunal

Division 1—Establishment and membership of the Migration Review Tribunal

394 Establishment of the Migration Review Tribunal............

395 Membership of Migration Review Tribunal...............

396 Appointment of members..........................

397 Principal Member..............................

398 Period of appointment of members....................

399 Remuneration and allowances of members...............

400 Other terms and conditions.........................

401 Resignation..................................

402 Disclosure of interests............................

403 Removal from office............................

404 Acting appointments............................

405 Delegation..................................

Division 2—Registries and officers

406 Registries...................................

407 Officers of Tribunal.............................

408 Acting appointments............................

Part 2—Transitional provision

Schedule 3—Refugee Review Tribunal

Part 1—Amendments

Migration Act 1958

420A Principal Member may give directions..................

422A Reconstitution of Tribunal for efficient conduct of review......

424 Tribunal may seek additional information................

424A Applicant must be given certain information..............

424B Invitation to give additional information or comments.........

424C Failure to give additional information or comments..........

425 Tribunal must invite applicant to appear.................

425A Notice of invitation to appear.......................

426A Failure of applicant to appear before Tribunal

Overview

The Migration Legislation Amendment Act (No. 1) 1998 was enacted to amend the Migration Act 1958 and address gaps in the Australian migration laws. The Act was passed by the Parliament of Australia, reflecting the legislative body's intent to refine and enhance the framework governing immigration and visa applications. Key objectives include improving the efficiency and effectiveness of the review process for visa-related decisions, updating the terminology and structures within the migration review system, and ensuring compliance with modern administrative practices. Through these amendments, the Act aims to streamline the administrative processes, enhance the rights of applicants, and ensure that the migration review system operates transparently and justly.

Scope and Application

The Migration Legislation Amendment Act (No. 1) 1998 amends the Migration Act 1958, addressing various aspects of visa decisions and the review process. It applies to decisions made by the Minister regarding visa applications and the cancellation of visas. These decisions can be reviewed by the Migration Review Tribunal (MRT) unless a conclusive certificate has been issued by the Minister or the decision falls under the Refugee Review Tribunal's jurisdiction. The Act outlines the process for tribunal reviews, including the timeframes for lodging an application, the procedures for inviting additional information from applicants, and the conditions under which a tribunal can proceed without the applicant's presence. Additionally, the Act specifies the methods for notifying applicants and parties of tribunal decisions and mandates the publication of certain tribunal statements. The legislation also makes technical amendments to other related acts, including the Australian Citizenship Act 1948 and the Migration Reform Act 1992, and repeals certain sections to streamline the legislative framework. The amendments are applicable nationally and extend to decisions made before and after the Act's commencement, subject to specific transitional provisions.

Key Provisions

  • The Migration Legislation Amendment Act (No. 1) 1998 makes significant changes to the Migration Act 1958, particularly in relation to the review of decisions by the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT). The Act introduces new categories of decisions reviewable by the MRT, modifies the procedures for seeking and providing additional information, and specifies the circumstances under which applicants may be invited to appear before the Tribunal.
  • The main operative sections (section 338 and following) detail which decisions are reviewable by the MRT. These include decisions to refuse to grant a visa to a non-citizen in the migration zone, decisions to cancel a visa held by a non-citizen in the migration zone, and decisions regarding assessed scores for visa applicants. The Act also allows the Minister to issue conclusive certificates in relation to certain decisions if changing the decision would be contrary to the public interest. The procedural changes (sections 359 to 370) ensure that the Tribunal can invite applicants to provide additional information and must invite them to appear before the Tribunal, unless specific conditions apply.
  • The obligations imposed on the parties governed by this Act include the requirement for the Tribunal to provide applicants with certain information relevant to their review, to invite applicants to comment on this information, and to give applicants notice of the time and place of any scheduled appearances before the Tribunal. The Tribunal must also ensure that applicants have access to written material relevant to the review, unless this would conflict with privacy laws. Failure of an applicant to appear before the Tribunal does not prevent the Tribunal from making a decision on the review.
  • The Act also delineates various offences, penalties, and consequences for breaches. For instance, non-compliance with the requirement to provide additional information or appear before the Tribunal does not invalidate the Tribunal's decision. However, other sections of the Act may have specific penalties for different types of breaches, although the precise penalties are not detailed in the provided excerpt. The Act includes transitional provisions to ensure that ongoing reviews and applications are not disrupted by the amendments, and it specifies the methods of dispatch for certain documents to ensure compliance with procedural requirements.
  • Overall, the Act seeks to streamline the review process, enhance the efficiency of the Tribunal, and ensure that applicants are adequately informed and have the opportunity to present their case.

Legal classification tags

Area of Law
Immigration & Refugee Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Enforcement Powers
Review & Sunset Clauses
Reporting & Disclosure Obligations
Transitional Provisions
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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.