Merit Review Tribunals can ask for Information Orally

Incrementally in the past few years the merit review tribunals have been given power to ask for information orally. In relation to the Migration Review Tribunal, the words in bold below are added to s. 359 having effect from 15.3.09  S. 359.      (1)      In conducting the review, the Tribunal may get any information that it considers relevant. However, if the Tribunal gets such information, the Tribunal must have regard to that information in making the decision on the review. (2)      Without limiting subsection (1), the Tribunal may invite, either orally (including by telephone) or in writing, a person to give information.

But the failure of a person to respond to an oral invitation for information outside an actual hearing will not have the guillotine effect set out in s. 359C which states:

S. 359C.       (1)      If a person:(a)      is invited in writing under s. 359 to give information; and(b)      does not give the information before the time for giving it has passed;

the Tribunal may make a decision on the review without taking any further action to obtain the information.

In other words the failure to respond to an oral invitation to supply information will not lead to the review applicant losing his or her right to a hearing.  Failure to respond to a written invitation to supply information may lead to the tribunal deciding the matter without a hearing.

There are comparable changes made in relation to the Refugee Review Tribunal.

All of the above is implemented via the Migration Legislation Amendment Act (No 1) 2009 coming into effect on 15.3.09.