Immigration Amendment Act 2013

9 Section 233 replaced (When Tribunal must or may provide oral hearing)
  • Replace section 233 with:

    233 When Tribunal must or may provide oral hearing
    • (1) The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident.

      (2) The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation.

      (3) The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless—

      • (a) the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and

      • (b) the Tribunal considers that the appeal or other contention of the person—

        • (i) is prima facie manifestly unfounded or clearly abusive; or

        • (ii) relates to a subsequent claim for refugee or protection status.

      (4) The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status.