Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 4.35

         (1)   This regulation applies, for subsection 424B (2) of the Act, if a person is invited to give additional information, or to comment on information, other than at an interview.

         (2)   If:

                (a)    the invitation relates to an application for review of a decision that applies to a detainee; and

               (b)    the information or comment to which the invitation relates is to be provided from a place in Australia;

                the prescribed period for giving the information or comments starts when the person receives the invitation and ends at the end of 7 days after the day on which the invitation is received.

         (3)   If:

                (a)    the invitation relates to an application for review of a decision that does not apply to a detainee; and

               (b)    the information or comment to which the invitation relates is to be provided from a place in Australia;

                the prescribed period for giving the information or comments starts when the person receives the invitation and ends at the end of 14 days after the day on which the invitation is received.

         (4)   If:

                (a)    the invitation relates to an application for review of a decision that applies to a detainee; and

               (b)    the information or comment to which the invitation relates is to be provided from a place that is not in Australia;

                the prescribed period for giving the information or comments starts when the person receives the invitation and ends at the end of 28 days after the day on which the invitation is received.

         (5)   If:

                (a)    the invitation relates to an application for review of a decision that applies to a person who is not a detainee; and

               (b)    the information or comment to which the invitation relates is to be provided from a place that is not in Australia;

the prescribed period for giving the information or comments starts when the person receives the invitation and ends at the end of 28 days after the day on which the invitation is received.

         (6)   A response to the invitation is taken to be given to the Tribunal when a registry of the Tribunal receives the response.

Note 1    If the Tribunal gives a person a document by a method specified in section 441A of the Act, the person is taken to have received the document at the time specified in section 441C of the Act in respect of the method.

Note 2    A document given to a person in immigration detention is given in the manner specified in regulation 5.02.