Principle of Natural Justice extended to offshore cases - all decsions

[Robert K Chelliah]

Hip Hip Hurray. There is a proposal for legislative amendments ( second reading) to accord principles of Natural Justice and Procedural Fairness to all decsions made by DIAC. Hiterttoo these provisons only applied to onshore applications with merit review rights. This is great news, especially for the haphazard site visits where fundamental rules of procedural fainess and properitory of evidence rules are often flouted willy nilly.


Robert K Chelliah
www.austmigration.com.au

[Silent Observer]

This has gone right over my head Robert. What do you mean and how does this affect me as a migrant? Is it something I need to know more about?

SO

[Robert K Chelliah]

Hi Silent Observer

I am sorry I did not respond earlier. My understanding is that Procedural fairness is clarified.

Robert K Chelliah


red to Notice Paper 12.3.08.
* Migration Legislation Amendment (Restoration of Rights and Procedural Fairness) Bill 2007 [2008]
(Senator Andrew Bartlett)
• repeals the introduction of a privative clause mechanism which restricts access to Federal and High
Court judicial review of administrative decisions made under the Migration Act 1958;
• repeals the provisions introduced by the Migration Amendment (Duration of Detention) Act 2003
which prevent and limit courts from ordering the release of somebody from immigration detention
whilst an appeal seeking their release is before the courts;
Federal Bill Tracker – 18 October 2009
© CCH Parliament
54
• repeals provisions of the Migration Act 1958 inserted by the Migration Legislation Amendment
(Procedural Fairness) Act 2002, which excluded the common law rule of procedural fairness and attempted to make it explicit that the procedures set down in the statute are all that decision makers must comply with;
• repeals the Migration Legislation Amendment (Strengthening of Provisions Relating to Character and
Conduct) Act 1998 which increased the Minister's power to refuse or cancel visas on character
grounds; and
• eliminates the system of mandatory migration detention which was introduced by the Migration
Reform Act 1992.