In a big reform the Federal Courts will have power to extend time to bring a judicial review application against all migration law decisions.
A new time limit applies for judicial review being “35 days of the date of the migration decision” replacing the previous provision which required an application to be brought within “28 days of the actual (as opposed to deemed) notification of the decision” [s. 477(1)].
Merit Review Tribunals can ask for information orally
Incrementally in the past few years the merit review tribunals have been given power to ask for information orally. In relation to the Migration Review Tribunal, the words in bold below are added to s. 359 having effect from 15.3.09 S. 359. (1) In conducting the review, the Tribunal may get any information that it considers relevant. However, if the Tribunal gets such information, the Tribunal must have regard to that information in making the decision on the review. (2) Without limiting subsection (1), the Tribunal may invite, either orally (including by telephone) or in writing, a person to give information.
Some statistics on employer non-compliance
A window into the level of monitoring by DIAC of employer behaviour in relation to 457 visas was gained through a question in Federal Parliament on 11 Feb 09. Here is the full text of the question and answer: Dr Stone asked the Minister representing the Minister for Immigration and Citizenship, inwriting, on 27.11.08:(1) How many episodes of 457 visa employer non-compliance occurred between Nov 2007 & Nov 2008?(2) What type of non-compliance occurred?(3) Is the trend in non-compliance rising, falling, or has it plateaud?