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Merit Review

MERIT REVIEW TRIBUNALS CAN ASK FOR INFORMATION ORALLY

MRT & RRT are given power to ask for information orally
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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....
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Notice Provisions Must Be Strictly Observed By Tribunals

The Full Federal Court ruled there must be strict compliance with the notice..................................
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Interpreting Problems Means There Is No Valid Hearing

In SZGWN v MIAC [2008] FCA 238 (24.7.08) the appellants used the technique of getting a .................................
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If A Matter Is Referred Back To A Tribunal After Judicial Review There Must Be A New Invitation To Appear

Once a Federal Court overturns a tribunal decision, and sends it back for re-hearing........................
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Merit Review Tribunals Can Make Judicially Reviewable Mistakes On Credibility And Fabrication Findings

The Federal Court has given a timely reminder that even when tribunals find that......................
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Offshore merit review applicants

This provision causes many problems: S.347 (3)      If the MRT-reviewable decision was covered by s. 338(2), (3), (3A) or (4), an ...
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MRT makes independent telephone calls

In SZKTI v MIAC [2008] FCAFC 83 (28.5.08), the Full Federal Court found that the RRT can not make independent telephone calls to witnesses without then referring the evidence obtained to the review applicant....
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If the interpreting is bad there is no effective hearing

In M175 /2002 v MIAC [2007] FCA 1212 (10.8.07), the Full Federal Court considered what is the effect of inadequate interpreting on the quality of a hearing before a merit review tribunal..........
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