Explanatory Statement
Issued by the Authority of the Minister for Immigration and Citizenship
Migration Legislation Amendment Act (No. 1) 2009
Proclamation
The purpose of the Migration Legislation Amendment Act (No. 1) 2009 (the ‘Amendment Act’) is to clarify and enhance provisions relating to merits and judicial review of migration decisions.
Item 2 of the table in subsection 2(1) of the Amendment Act provides that Schedules 1, 2 and 3 to the Amendment Act commence on a single day to be fixed by Proclamation. However, if any of the provisions do not commence within the period of six months beginning on the day on which the Amendment Act receives the Royal Assent, they commence on the first day after the end of that six month period. The Amendment Act received the Royal Assent on 25 February 2009.
The Proclamation fixes 15 March 2009 as the day on which Schedules 1, 2 and 3 to the Amendment Act commence.
Schedule 1 to the Amendment Act clarifies that the Migration Review Tribunal and the Refugee Review Tribunal may invite either orally (including by telephone) or in writing, review applicants or third parties to give information.
Schedule 2 to the Amendment Act reinstates effective and uniform time limits for applying for judicial review of a migration decision in the Federal Magistrates Court, Federal Court and High Court. Applicants will have 35 days from the date of the migration decision in which to apply for judicial review. However, the Courts will have a broad discretion to extend the 35 day time period when they are satisfied that the extension is necessary in the interests of the administration of justice.
Schedule 3 to the Amendment Act limits appeals on judgments of the Federal Magistrates Court or Federal Court that make an order, or refuse to make an order to extend time to apply for judicial review of a migration decision.
The Proclamation is a legislative instrument for the purpose of the Legislative Instruments Act 2003.