Section 363A — Natural justice hearing rule excluded
Text of provision
Section 363A — verbatim text unavailable.
Plain English
Section 363A provides that the rules of natural justice (including the hearing rule and the bias rule) do not apply to the exercise of powers by the ART in the migration review jurisdiction, except to the extent expressly required by the Migration Act. This codifies the procedural fairness obligations in the Act itself, replacing the common law natural justice rules.
Practical effect
The displacement of common law natural justice by statutory provisions means that ART procedure in migration matters is governed exclusively by the Migration Act, not by general administrative law principles. The consequence is that procedural unfairness in ART proceedings must be assessed against the specific statutory provisions (such as the invitation to comment provisions) rather than the common law. This limits the ability of applicants to challenge ART decisions on natural justice grounds outside the Act's own framework. The bias rule remains applicable to the extent it is a jurisdictional requirement.