This article will outline the provisions for giving and receiving review documents etc. The Immigration Assessment Authority (IAA) is a government agency responsible for assessing visa applications and deciding who can stay in Australia. Let’s look at the provisions about giving and receiving review documents etc. under the Migration Act.
Section 473HA: Giving Documents by Immigration Assessment Authority Where No Requirement to Do So by Section 473HB or 473HC Method
Section 473HA of giving and review documents etc state when the IAA needs to send you a document:
1. No specific delivery method required: If the law doesn’t say how the IAA must send you a document, they can choose any method they think is best. This could include the same methods used for people in immigration detention.
2. Delivery to a responsible adult for minors: If you’re a minor, the IAA can give the document to someone at least 18 years old who:
- takes care of you daily, or
- works for an organisation that cares for you daily and they are responsible for you.
3. Delivery to the adult is delivery to the minor: When the IAA delivers the document to the responsible adult, it’s considered delivered to you as well. However, the IAA can still give you your own copy of the document.
In short, the IAA has some flexibility in how they send you documents, especially for minors, to ensure you receive them.
Section 473HB: Methods by Which Immigration Assessment Authority Gives Documents to a Person Other Than the Secretary
Section 473HB of giving and review documents etc outline the following:
When the IAA needs to send documents to someone in a visa review process, they have specific ways of doing it. This section covers situations where the law requires or allows the IAA to send documents, and it tells them how they must do it in those cases.
Here are the key points:
1. Delivery methods: The IAA can use several methods to deliver documents, including:
- Handing them directly to the recipient: This can be done by an official reviewer or authorised personnel.
- Handing them to someone at the recipient’s address: This can be done if someone appears to live or work there and is at least 16 years old.
- Sending them by prepaid mail or other means: This must be done within 3 working days from the date of the document and sent to a specific address provided by the recipient or, if they’re a minor, their carer.
- Sending them electronically: This can be done by fax, email, or other electronic means to a specific contact provided by the recipient or, if they’re a minor, their carer.
2. Delivery to minors: If the recipient is a minor, the IAA can deliver the document to their responsible adult carer (at least 18 years old). This delivery to the carer counts as delivery to the minor, but the IAA can still choose to give the minor their own copy of the document.
Section 473HC: Methods by Which Immigration Assessment Authority Gives Documents to the Secretary
Section 473HC of giving and review documents etc outline the following:
When the IAA needs to send documents to the Secretary (a high-ranking government official in the immigration department), they have specific ways to do it, as outlined in this section. Here are the approved methods:
1. Handing the document directly to the Secretary or an authorised officer.
2. Sending the document by mail or other means:
- The document must be dated and dispatched within 3 working days of its date.
- It must be sent to a specific address provided in writing by the Secretary.
3. Sending the document electronically:
This can be done by fax, email, or other electronic means.
It must be sent to a specific contact provided in writing by the Secretary for this purpose.
- These methods apply only when the law or regulations specifically require or allow the IAA to send documents to the Secretary using one of these methods.
- Authorised personnel from the IAA, such as reviewers or those designated in section
Section 473HD: When a Person Other Than the Secretary Is Taken to Have Received a Document From the Immigration Assessment Authority
Section 473HD of giving and review documents etc outline the following:
When the IAA sends you a document, it’s important to know when you’re legally considered to have received it. This section outlines when that happens based on the delivery method used.
Here’s how it works:
1. Delivery Methods and When You’re Considered to Have Received the Document:
Handed to you directly: You’re considered to have received it immediately when it’s handed to you.
Handed to someone at your address: You’re considered to have received it when it’s handed to that person, even if you weren’t there.
Sent by prepaid post or other prepaid means: You’re considered to have received it 7 working days after the date on the document, regardless of when you actually pick it up.
Sent electronically (fax, email, etc.): You’re considered to have received it at the end of the day it was sent, even if you didn’t see it until later.
2. Mistakes Made by the IAA:
If the IAA makes a mistake in sending the document (e.g., sends it to the wrong address), but you still receive it, you’re generally considered to have received it at the times mentioned above, as if there was no mistake.
However, if you can prove that you actually received it later (e.g., because it was delayed due to the error), then the later time counts as when you received it.
- These rules apply when the IAA uses the methods specified in Section 473HB to send documents, including cases where Section 473HA applies (allowing for flexibility in delivery methods).
- They establish clear timelines for when you’re legally considered to have received a document, ensuring clarity and consistency in the immigration process, even if mistakes happen.
Section 473HE: When the Secretary is taken to have received a document from the Immigration Assessment Authority
Section 473HE of giving and review documents etc clarifies when the Secretary is considered to have received a document sent by the IAA. It applies when the IAA uses any of the methods outlined in Section 473HC to deliver the document, including cases where they have flexibility under Section 473HA.
Here’s a simplified breakdown:
Delivery Method & When the Secretary is Considered to Have Received the Document:
Handed directly to the Secretary or their authorised officer: They’re considered to have received it immediately.
Sent by mail or other prepaid means: They’re considered to have received it 7 working days after the date of the document, regardless of actual delivery.
Sent electronically (fax, email, etc.): They’re considered to have received it at the end of the day it was sent, even if they haven’t accessed it yet.
Note: This applies even if the Electronic Transactions Act 1999 specifies different timelines for electronic document delivery.
- This section ensures clarity on when the Secretary is legally responsible for receiving documents sent by the IAA.
- It applies to various delivery methods, including those with specific timelines (e.g., 7 working days for mail) and instant delivery (e.g., electronic transmission).
- It provides consistency and accountability in the communication process between the IAA and the Secretary.
Section 473HF: Giving Documents Etc. To the Immigration Assessment Authority
Section 473HF of giving and review documents etc outline the following:
When you’re involved in a “fast track review” of an immigration decision and you need to submit documents or other materials to the Immigration Assessment Authority (IAA):
- Follow the instructions: There are specific ways to do this, either outlined in official directions under Section 473FB or in separate regulations.
- Copies are sometimes okay: If the directions or regulations allow, you can submit a copy of a document instead of the original.
Section 473HG: Authorised Recipient
Section 473HG of giving and review documents etc. outlines the following:
When someone’s immigration decision is being reviewed through the “fast track review” process, they have the option to appoint an “authorised recipient” to receive documents on their behalf. This section outlines how this works:
1. Appointing an Authorised Recipient:
The person whose decision is being reviewed (the “referred applicant”) can provide written notice to the Immigration Assessment Authority (IAA) naming another person as their authorised recipient.
This notice must include the authorised recipient’s name and address.
2. Responsibilities of the IAA:
Once the IAA receives the notice, they must send all documents related to the review to the authorised recipient, instead of the referred applicant.
This includes any documents they would normally have sent to the referred applicant directly.
3. Receipt of Documents:
When the IAA sends a document to the authorised recipient, it’s legally considered the same as sending it to the referred applicant.
However, the IAA can still provide a copy of the document to the referred applicant if they choose to.
4. Changing or Withdrawing the Authorisation:
The referred applicant can change the authorised recipient’s information (like their address) or withdraw the authorisation completely at any time.
The authorised recipient can also update their own address.
However, unless the regulations allow it, there can only be one authorised recipient at a time.
This section doesn’t apply during in-person interviews with the IAA. In those cases, documents and communication are directly between the IAA and the referred applicant.
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