Document ID: chunk:federal_register_of_legislation:C2015A00035:clause:4_430d:p1
Version: federal_register_of_legislation:C2015A00035
Segment Type: clause
Provision Reference: sch 4 cl 430D (pt 1/2)
Character Range: 40054–42589

430D  Refugee Review Tribunal's oral decision and oral statement

How and when oral decisions are taken to have been made
 (1) A decision on a review that is given orally by the Tribunal is taken to have been made, and notified to the applicant for the review, on the day and at the time the decision is given orally.

Statement in relation to oral decision
 (2) If the Tribunal makes an oral decision on a review, the Tribunal must:
 (a) make an oral statement that:
 (i) describes the decision of the Tribunal on the review; and
 (ii) describes the reasons for the decision; and
 (iii) describes the findings on any material questions of fact; and
 (iv) refers to the evidence or any other material on which the findings of fact were based; and
 (v) identifies the day and time the decision is given orally; or
 (b) make a written statement that:
 (i) sets out the decision of the Tribunal on the review; and
 (ii) sets out the reasons for the decision; and
 (iii) sets out the findings on any material questions of fact; and
 (iv) refers to the evidence or any other material on which the findings of fact were based; and
 (v) records the day and time the decision is given orally.
 (3) The Tribunal has no power to vary or revoke the decision after the day and time the decision is given orally.

Written statement to be provided on request of applicant
 (4) If the Tribunal makes an oral statement under paragraph (2)(a) and, within the period prescribed by regulation, the applicant makes a written request for the oral statement to be provided in writing, the Tribunal must:
 (a) reduce the oral statement to writing; and
 (b) within 14 days after the day the request is received by the Tribunal, give a copy of the written statement:
 (i) to the applicant by one of the methods specified in section 441A; and
 (ii) to the Secretary by one of the methods specified in section 441B.

Written statement to be provided on request of Minister
 (5) If the Tribunal makes an oral statement under paragraph (2)(a) and, at any time after the oral statement is made, the Minister makes a written request for the oral statement to be provided in writing, the Tribunal must:
 (a) reduce the oral statement to writing; and
 (b) within 14 days after the day the request is received by the Tribunal, give a copy of the written statement:
 (i) to the Secretary by one of the methods specified in section 441B; and
 (ii) to the applicant by one of the methods specified in section 441A.

Return of documents etc.
 (6) After the Tribunal makes a