Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 361

Applicant may request Tribunal to call witness and obtain written material

             (1)  In the notice under section 360A, the Tribunal shall notify the applicant:

                     (a)  that he or she is invited to appear before the Tribunal to give evidence and present arguments relating to the issues arising in relation to the decision under review; and

                     (b)  of the effect of subsections (2) and (2A) of this section.

             (2)  The applicant may, within 7 days after being notified under subsection (1), give the Tribunal written notice that the applicant wants the Tribunal to obtain oral evidence from a person or persons named in the notice.

          (2A)  The applicant may, within 7 days after being notified under subsection (1), give the Tribunal written notice that the applicant wants the Tribunal to obtain:

                     (a)  written evidence from a person or persons named in the notice; or

                     (b)  other written material relating to the issues arising in relation to the decision under review.

             (3)  If the Tribunal is notified by an applicant under subsection (2) or (2A), the Tribunal must have regard to the applicant's notice but is not required to comply with it.

             (4)  This section does not apply to the review of a decision covered by subsection 338(4) (certain bridging visa decisions).



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