Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p69
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 173561–176298

person to address it orally about the issues arising in relation to the decision under review.

Applicant may request Refugee Review Tribunal to call witnesses

"166DC.(1) Where section 166DA does not apply, the Tribunal must notify the applicant:

    (a)     that he or she is entitled to appear before the Tribunal to give evidence; and

  (b)     of the effect of subsection (2) of this section.

"(2) The applicant may, within 7 days after being notified under subsection (1), give the Tribunal written notice that the applicant wants the Tribunal to obtain oral evidence from a person or persons named in the notice.

"(3) If the Tribunal is notified by an applicant under subsection (2), the Tribunal must have regard to the applicant's wishes but is not required to obtain evidence (orally or otherwise) from a person named in the applicant's notice.

Powers of the Refugee Review Tribunal etc.

"166DD.(1) For the purpose of the review of a decision, the Tribunal may:

  (a)     take evidence on oath or affirmation; or

  (b)     adjourn the review from time to time; or

    (c)     subject to sections 166GC and 166GE, give information to the applicant and to the Secretary; or

    (d)     require the Secretary to arrange for the making of any investigation, or any medical examination, that the Tribunal thinks necessary with respect to the review, and to give to the Tribunal a report of that investigation or examination.

"(2) The Tribunal must combine the reviews of 2 or more RRT-reviewable decisions made in respect of the same non-citizen.

"(3) Subject to subsection (4), the Tribunal in relation to a review may:

     (a)     summon a person to appear before the Tribunal to give evidence; and

     (b)     summon a person to produce to the Tribunal such documents as are referred to in the summons; and

     (c)     require a person appearing before the Tribunal to give evidence either to take an oath or affirmation; and

  (d)     administer an oath or affirmation to a person so appearing.

"(4) The Tribunal must not summon a person under paragraph (3)(a) or (b) unless the person is in Australia.

"(5) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence that the person will give will be true.

"(6) A person appearing before the Tribunal to give evidence is not entitled:

  (a)     to be represented before the Tribunal by any other person; or

    (b)     to examine or cross-examine any other person appearing before the Tribunal to give evidence.

"(7) If a person appearing before the Tribunal to give evidence is not proficient in English, the Tribunal may direct that communication with that person during his or