Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p68
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 170978–173826

direction under subsection (2), by a single member.

"(2) The Principal Member may give a written direction about who is to constitute the Tribunal for the purpose of a particular review.

Reconstitution of Refugee Review Tribunal

"166CB.(1) If the member who constitutes the Tribunal for the purposes of a particular review:

  (a)     stops being a member; or

    (b)     for any reason, is not available for the purpose of the review at the place where the review is being conducted;

the Principal Member must direct another member to constitute the Tribunal for the purpose of finishing the review.

"(2) If a direction is given, the Tribunal as constituted in accordance with the direction is to continue to finish the review and may, for that purpose, have regard to any record of the proceedings of the review made by the Tribunal as previously constituted.

"(3) In exercising powers under this section, the Principal Member must have regard to the objective set out in subsection 166C(1).

"Division 4—Conduct of review

Documents to be given to the Refugee Review Tribunal

"166D.(1) An applicant for review by the Tribunal may give the Registrar:

    (a)     a statutory declaration in relation to any matter of fact that the applicant wishes the Tribunal to consider; and

    (b)     written arguments relating to the issues arising in relation to the decision under review.

"(2) The Secretary may give the Registrar written argument relating to the issues arising in relation to the decision under review.

Review "on the papers"

"166DA.(1) If, after considering the material contained in the documents given to the Registrar under sections 166BE and 166D, the Tribunal is prepared to make the decision or recommendation on the review that is most favourable to the applicant, the Tribunal may make that decision or recommendation without taking oral evidence.

"(2) For the purposes of subsection (1), a decision or recommendation made on a review is taken to be the decision or recommendation most favourable to the applicant if there is no other decision or recommendation that:

  (a)     the Tribunal could make; and

    (b)     in the Tribunal's opinion, the applicant would prefer the Tribunal to make.

Where review "on the papers" is not available

  "166DB.(1) Where section 166DA does not apply, the Tribunal:

    (a)     must give the applicant an opportunity to appear before it to give evidence; and

  (b)     may obtain such other evidence as it considers necessary.

"(2) Subject to paragraph (1)(a), the Tribunal is not required to allow any 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