Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 426B

Decisions to which this section applies

  (1)   This section applies in relation to the following decisions (each of which is a non - appearance decision ):

  (a)   a decision to dismiss an application under paragraph   426A(1A)(b);

  (b)   a decision to reinstate an application under paragraph   426A(1C)(a) and to give directions (if any) under that paragraph.

Note:   For similar provisions applying to a decision to confirm the dismissal of an application under section   426A, see sections   430 and 430A.

Written statement of decision

  (2)   If the Tribunal makes a non - appearance decision, the Tribunal must make a written statement that:

  (a)   sets out the decision; and

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

  (c)   in the case of a decision to reinstate an application:

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

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

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

  (3)   A non - appearance 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.

  (4)   The Tribunal has no power to vary or revoke a non - appearance decision after the day and time the written statement is made.

Note:   However, if the application is reinstated, the application is taken never to have been dismissed (see subsection   426A(1D)).

Notice to applicant

  (5)   The Tribunal must notify the applicant of a non - appearance decision by giving the applicant a copy of the written statement made under subsection   (2). The copy must be given to the applicant:

  (a)   within 14 days after the day on which the decision is taken to have been made; and

  (b)   by one of the methods specified in section   441A.

  (6)   In the case of a decision to dismiss the application, the copy of the statement must be given to the applicant together with a statement describing the effect of subsections   426A(1B) to (1F).

Notice to Secretary

  (7)   A copy of the written statement made under subsection   (2) must also be given to the Secretary:

  (a)   within 14 days after the day on which the decision is taken to have been made; and

  (b)   by one of the methods specified in section   441B.

Validity etc. not affected by procedural irregularities

  (8)   The validity of a non - appearance decision, and the operation of subsection   (4), are not affected by:

  (a)   a failure to record, under paragraph   (2)(d), the day and time when the written statement was made; or

  (b)   a failure to comply with subsection   (5), (6) or (7).