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MIGRATION ACT 1958 - SECT 441AA Giving documents by Tribunal where no requirement to do so by section 441A or 441B method

MIGRATION ACT 1958 - SECT 441AA

Giving documents by Tribunal where no requirement to do so by section 441A or 441B method

  (1)   If:

  (a)   a provision of this Act or the regulations requires or permits the Tribunal to give a document to a person; and

  (b)   the provision does not state that the document must be given:

  (i)   by one of the methods specified in section   441A or 441B; or

  (ii)   by a method prescribed for the purposes of giving documents to a person in immigration detention;

the Tribunal may give the document to the person by any method that it considers appropriate (which may be one of the methods mentioned in subparagraph   (b)(i) or (ii) of this section).

Note 1:   If 2 or more persons apply for a review of a decision together, a document given to a person is taken to be given to each of them, see section   441EA.

Note 2:   Under section   441G an applicant may give the Tribunal the name of an authorised recipient who is to receive documents on the applicant's behalf.

  (2)   If a person is a minor, the Tribunal may give a document to an individual who is at least 18 years of age if a member or an officer of the Tribunal reasonably believes that:

  (a)   the individual has day - to - day care and responsibility for the minor; or

  (b)   the individual works in or for an organisation that has day - to - day care and responsibility for the minor and the individual's duties, whether alone or jointly with another person, involve care and responsibility for the minor.

  (2A)   However, subsection   (2) does not apply if section   441EA (which relates to giving documents in the case of combined applications) applies in relation to the minor.

  (3)   If the Tribunal gives a document to an individual, as mentioned in subsection   (2), the Tribunal is taken to have given the document to the minor. However, this does not prevent the Tribunal giving the minor a copy of the document.

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