Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 2   Home Affairs

Part 1   Main amendments

Migration Act 1958

174   Before section 375

Insert:

3 74 How the ART must give certain notices and directions to an applicant

Notification of case event

(1) If the ART gives a written notice to an applicant for review of a reviewable migration decision or a reviewable protection decision under subsection 72(1) of the ART Act, the ART must give the notice to the applicant:

(a) except where paragraph (b) applies - by one of the methods specified in section 379A; or

(b) if the applicant is in immigration detention - by a method prescribed for the purposes of giving documents to such a person.

Directions in relation to procedure

(2) If the ART gives a direction in relation to the procedure to be followed for a proceeding for review of a reviewable migration decision or a reviewable protection decision under subsection 79(1) of the ART Act:

(a) the direction must be given to the applicant in writing; and

(b) the ART must give the direction to the applicant:

(i) except where subparagraph (ii) applies - by one of the methods specified in section 379A; or

(ii) if the applicant is in immigration detention - by a method prescribed for the purposes of giving documents to such a person.