Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 362

  (1)   This section applies to the review of a decision covered by subsection   338(4) if:

  (a)   the applicant, in a request in the approved form that accompanied the application, requested the Tribunal to:

  (i)   give the applicant the opportunity to appear before it; or

  (ii)   obtain oral evidence from a specified person or persons; and

  (b)   the applicant has been invited to appear before the Tribunal in relation to the decision under review.

  (2)   If this section applies, the Tribunal:

  (a)   must have regard to the applicant's request; but

  (b)   is not required to obtain evidence (oral or otherwise) from a person named in the applicant's request.

  (3)   To avoid doubt, nothing in this Division requires the Tribunal to adjourn the review or to delay making a decision so that:

  (a)   the applicant may give evidence (oral or otherwise); or

  (b)   the Tribunal may obtain evidence (oral or otherwise) from any other person.