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MIGRATION ACT 1958 - SECT 426A

Failure of applicant to appear before Tribunal

Scope

             (1)  This section applies if the applicant:

                     (a)  is invited under section 425 to appear before the Tribunal; but

                     (b)  does not appear before the Tribunal on the day on which, or at the time and place at which, the applicant is scheduled to appear.

Tribunal may make a decision on the review or dismiss proceedings

          (1A)  The Tribunal may:

                     (a)  by written statement under section 430, make a decision on the review without taking any further action to allow or enable the applicant to appear before it; or

                     (b)  by written statement under section 426B, dismiss the application without any further consideration of the application or information before the Tribunal.

Note 1:       Under section 430A, the Tribunal must notify the applicant of a decision on the review.

Note 2:       Under section 426B, the Tribunal must notify the applicant of a decision to dismiss the application.

Reinstatement of application or confirmation of dismissal

          (1B)  If the Tribunal dismisses the application, the applicant may, within 14 days after receiving notice of the decision under section 426B, apply to the Tribunal for reinstatement of the application.

Note:          Section 441C sets out when a person (other than the Secretary) is taken to have received a document from the Tribunal for the purposes of this Part.

          (1C)  On application for reinstatement in accordance with subsection (1B), the Tribunal must:

                     (a)  if it considers it appropriate to do so--reinstate the application, and give such directions as it considers appropriate in the circumstances, by written statement under section 426B; or

                     (b)  confirm the decision to dismiss the application, by written statement under section 430.

Note 1:       Under section 426B, the Tribunal must notify the applicant of a decision to reinstate the application.

Note 2:       Under section 430A, the Tribunal must notify the applicant of a decision to confirm the dismissal of the application.

          (1D)  If the Tribunal reinstates the application:

                     (a)  the application is taken never to have been dismissed; and

                     (b)  the Tribunal must conduct (or continue to conduct) the review accordingly.

          (1E)  If the applicant fails to apply for reinstatement within the 14 - day period mentioned in subsection (1B), the Tribunal must confirm the decision to dismiss the application, by written statement under section 430.

Note:          Under section 430A, the Tribunal must notify the applicant of a decision to confirm the dismissal of the application.

           (1F)  If the Tribunal confirms the decision to dismiss the application, the decision under review is taken to be affirmed.

          (1G)  To avoid doubt, the Tribunal cannot give a decision orally under subsection (1A), (1C) or (1E).

Other measures to deal with failure of applicant to appear

             (2)  This section does not prevent the Tribunal from rescheduling the applicant's appearance before it, or from delaying its decision on the review in order to enable the applicant's appearance before it as rescheduled.



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