Streamlining of Notice of Decisions Made by the MRT & RRT

The Migration Act is amended to state that the MRT & RRT no longer have to invite an applicant to attend the handing down of the decision. Here is what the new procedure is for the MRT:

S. 368A  Notifying parties of Tribunal’s decision (decision not given orally)

(1)        The Tribunal must notify the applicant of a decision on a review (other than an oral decision) by giving the applicant a copy of the written statement prepared under subsection 368(1). 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 379A.

(2)        A copy of that statement 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 s. 379B.

(3)        A failure to comply with this section in relation to a decision on a review does not affect the validity of the decision.

There is a comparable change to the RRT position.

Multiple applicants – one notice

If there is more than one applicant for review then notice to one of them means notice to all of them.  Here is what the new says:

379EA  Giving documents by Tribunal-combined applications

If 2 or more persons apply for a review of a decision together, documents given to any of them in connection with the review are taken to be given to each of them.

Care should be taken therefore if multiple applications have difference addresses.  Each applicant needs to be aware to tell the others if they receive notice of a decision.

All the above changes are made as part of the amendments made by the Migration Legislation Amendment Act (No 1) 2008, assented to 15.9.08