Migration Act 1958 Direction under section 499 Migration Review Tribunal Role and Responsibilities of Members (Direction No. 12 of 1999) (Cth)

MIGRATION ACT 1958

DIRECTION UNDER SECTION 499

MIGRATION REVIEW TRIBUNAL

ROLE AND RESPONSIBILITIES OF MEMBERS

WHEREAS:

Section 394 of the Migration Act1958 (the Act) establishes the Migration Review Tribunal (the Tribunal). Section 353 of the Act states that the Tribunal, in carrying out its functions under the Act, is to pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.

Section 395 of the Act provides that the Tribunal consists of a Principal Member and such number of Senior Members and members as are appointed in accordance with the Act.

Section 402 provides for the disclosure of interests of any member of the Tribunal and states that a member has a conflict of interest in relation to a review by the Tribunal if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member's functions in relation to that review.

Section 403 provides that a member may be removed from office by the Governor-General on the ground of proved misbehaviour or physical or mental incapacity and lists other grounds which may result in removal from office, including direct or indirect pecuniary interest in an immigration advisory service.

Members have a significant role to play in the fulfilment of the Tribunal's objective and in assisting the Principal Member in the effective and efficient processing of the Tribunal's workload. The objective of the Tribunal is underpinned by the fundamental importance of maintaining the integrity of the Tribunal and the appearance and operation of independent, fair and impartial decision making.

NOW:

I, Philip Ruddock, Minister for Immigration and Multicultural Affairs, acting under and subject to section 499 of the Act, hereby give the following Direction.

1.      This Direction may be cited as Direction No. 12 of 1999.

2.      This Direction applies to all members of the Tribunal.

3.      Members have a duty to pursue the objective of the Tribunal to be fair, just, economical, informal and quick through adherence to this Direction, to other Directions relating to the Tribunal given by me and to guidelines, directions, practice directions and instructions issued by the Principal Member in accordance with the Act.

4.      Sections 394 to 405 (both inclusive) of the Act deal with the establishment of members' positions and their conditions of service. This Direction clarifies the role and responsibilities of Tribunal members.

5. Section 397 of the Act provides that the Principal Member is responsible for the overall operation and administration of the Tribunal. Direction No. 11 of 1999 provides further direction to the Principal Member in relation to that responsibility. However, the Government also expects and requires Tribunal members to follow the directions and leadership of the Principal Member and to take responsibility for assisting to achieve the objective of the Tribunal. Members are to adhere to such guidelines, directions, practice directions and instructions as may be issued from time to time by the Principal Member in accordance with the Act.

6.      In particular, but without limiting the generality of the above, members are to adhere to relevant guidelines, directions, practice directions and instructions from the Principal Member concerning code of conduct and ethics. Members should seek to maintain their impartiality, for example, by restricting their activity in community groups which may be seen to have a conflict of interest with the role of a member of the Migration Review Tribunal. The public perception of the independence and impartiality of the Tribunal is of great significance in maintaining public confidence in its decisions. The Government expects a high standard of ethics and requires members to seek to maintain a high standard of ethics and to not only be impartial in their decision-making but to also endeavour to be seen to be impartial.

7.      Members should seek to maintain the integrity of the Tribunal by restricting their relationships with migration agents to a professional level. A high level of professional conduct is expected of all members and high standards of behaviour are consistent with the sensitive nature of the responsibilities of a member of the Tribunal.

8.      In reaching their own decisions, members are to give significant weight to leading decisions by fellow members and to the importance of maintaining consistency of interpretations across different review applications. Consistency of decision-making is of great importance in ensuring that the objective of a fair and just mechanism of review is met. The Government's view is that a fair review system should not result in applicants with similar circumstances obtaining different outcomes from the Tribunal.

9.      Members should seek to maintain a high level of client service at all times and aim to improve productivity as directed by the Principal Member. A high level of client service is important in maintaining an acceptable level of productivity. Members should deal with applications expeditiously, having due regard to their statutory obligations in section 353.

10.      This Direction is to take effect from the date of signature.

Dated this 1st day of June 1999.

 PHILIP RUDDOCK

Minister for Immigration and Multicultural Affairs