Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 424A

Information and invitation given in writing by Tribunal

             (1)  Subject to subsections (2A) and (3), the Tribunal must:

                     (a)  give to the applicant, in the way that the Tribunal considers appropriate in the circumstances, 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)  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

                     (c)  invite the applicant to comment on or respond to it.

             (2)  The information and invitation must be given to the applicant:

                     (a)  except where paragraph (b) applies--by one of the methods specified in section 441A; or

                     (b)  if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person.

          (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.

             (3)  This section does not apply to information:

                     (a)  that is not specifically about the applicant or another person and is just about a class of persons of which the applicant or other person is a member; or

                     (b)  that the applicant gave for the purpose of the application for review; or

                   (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

                     (c)  that is non-disclosable information.

             (4)  A reference in this section to affirming a decision that is under review does not include a reference to the affirmation of a decision that is taken to be affirmed under subsection 426A(1F).



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