Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 368

Tribunal's decision and written statement

Written statement of decision

  (1)   Where the Tribunal makes its decision on a review (other than an oral decision), the Tribunal must, subject to paragraphs 375A(2)(b) and 376(3)(b), make a written statement that:

  (a)   sets out the decision of the Tribunal on the review; and

  (b)   sets out the reasons for the decision; and

  (c)   sets out the findings on any material questions of fact; and

  (d)   refers to the evidence or any other material on which the findings of fact were based; and

  (e)   in the case of a decision under paragraph   362B(1C)(b) or subsection   362B(1E) to confirm the dismissal of an application--indicates that under subsection   362B(1F), the decision under review is taken to be affirmed; and

  (f)   records the day and time the statement is made.

Note:   Decisions on a review made under paragraph   362B(1A)(a) or (1C)(b), or under subsection   362B(1E), must be made by a written statement under this section. They cannot be given orally. These decisions may be made following the failure of an applicant to appear before the Tribunal.

How and when written decisions are taken to be made

  (2)   A decision on a review (other than an oral decision) is taken to have been made:

  (a)   by the making of the written statement; and

  (b)   on the day, and at the time, the written statement is made.

Note:   For oral decisions, see section   368D.

  (2A)   The Tribunal has no power to vary or revoke a decision to which subsection   (2) applies after the day and time the written statement is made.

Return of documents etc.

  (3)   After the Tribunal makes the written statement, the Tribunal must:

  (a)   return to the Secretary any document that the Secretary has provided in relation to the review; and

  (b)   give the Secretary a copy of any other document that contains evidence or material on which the findings of fact were based.

Validity etc. not affected by procedural irregularities

  (4)   The validity of a decision on a review, and the operation of subsection   (2A), are not affected by:

  (a)   a failure to record, under paragraph   (1)(f), the day and time when the written statement was made; or

  (b)   a failure to comply with subsection   (3).


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