Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 424AA

Information and invitation given orally by Tribunal while applicant appearing

             (1)  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.

             (2)  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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