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MIGRATION ACT 1958 - SECT 486D

Disclosing other judicial review proceedings

             (1)  A person must not commence a proceeding in the Federal Circuit and Family Court of Australia (Division 2) in relation to a tribunal decision unless the person, when commencing the proceeding, discloses to the court any judicial review proceeding already brought by the person in that or any other court in relation to that decision.

             (2)  A person must not commence a proceeding in the Federal Court seeking the exercise of the court's original jurisdiction in relation to a tribunal decision unless the person, when commencing the proceeding, discloses to the court any judicial review proceeding already brought by the person in that or any other court in relation to that decision.

             (3)  A person must not commence a proceeding in the High Court seeking the exercise of the court's original jurisdiction in relation to a tribunal decision unless the person, when commencing the proceeding, discloses to the court any judicial review proceeding already brought by the person in that or any other court in relation to that decision.

             (4)  Proceedings required to be disclosed under subsection (1), (2) or (3) include proceedings brought before the commencement of this section.

             (5)  In this section:

"judicial review proceeding" , in relation to a tribunal decision, means:

                     (a)  a proceeding in the Federal Circuit and Family Court of Australia (Division 2) in relation to the tribunal decision; or

                     (b)  a proceeding in the Federal Court seeking the exercise of the court's original jurisdiction in relation to the tribunal decision; or

                     (c)  a proceeding in the High Court seeking the exercise of the court's original jurisdiction in relation to the tribunal decision.

"tribunal decision" means a privative clause decision, or purported privative clause decision, made on review:

                     (a)  by the Tribunal under Part 5 or 7 or section 500; or

                     (b)  by the Immigration Assessment Authority under Part 7AA.

   



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