Notice of invitation to appear: the statutory notice period in the Migration Review Tribunal and the Refugee Review Tribunal in Australia
by Megumi Ogawa
International Journal of Public Law and Policy (IJPLAP), Vol. 3, No. 3, 2013

Abstract: Applicants with the decisions from the Migration Review Tribunal and the Refugee Review Tribunal often appeal those decisions of the Tribunal on the ground that the Tribunal, when it rescheduled a hearing, failed to give notice of the hearing to the applicant in compliance with the prescribed period of notice. Since the Full Court ruling in the matter of Minister for Immigration and Multicultural and Indigenous Affairs v SZFML (2006) 154 FCR 572, the courts have continued to dismiss appeals on this ground. This article challenges the authorities. It first sets out the relevant provisions of the Migration Act 1958 (Cth) and the precise question at issue. It then analyses the leading case, SZFML, and elucidates its deficiencies. Finally, the article embarks upon the interpretation of the legislation to establish the departure of SZFML from the words of the legislation.

Online publication date: Fri, 29-Nov-2013

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Public Law and Policy (IJPLAP):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com