Migration Act 1958 Direction under section 499 Migration Review Tribunal Role and Responsibilities of Principal Member (Direction No. 11 of 1999) (Cth)

MIGRATION ACT 1958

DIRECTION UNDER SECTION 499

MIGRATION REVIEW TRIBUNAL

ROLE AND RESPONSIBILITIES OF PRINCIPAL MEMBER

WHEREAS:

Section 394 of the Migration Act 1958 (the Act) establishes the Migration Review Tribunal (the Tribunal).

Section 353 of the Act provides 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 353A of the Act provides, amongst other things, that the Principal Member may, in writing, give directions, not inconsistent with the Act or the Migration Regulations, as to the operation of the Tribunal and the conduct of reviews by the Tribunal, including efficient processing practices.

Section 397 of the Act provides that the Principal Member is the executive officer of the Tribunal and is responsible for the overall operation and administration of the Tribunal, including monitoring the operations of the Tribunal to ensure that those operations are as fair, just, economical, informal and quick as practicable, determining written guidelines (subject to subsection 397(4)) for the allocation of the work of the Tribunal and allocating the Tribunal's work among members in accordance with those guidelines.

The Principal Member is primarily responsible for the productivity of the Tribunal and for maintaining its effectiveness and efficiency as a decision making body. The Principal Member requires the ongoing co-operation of members to meet the Tribunal's statutory objective.

The Principal Member must take appropriate steps to satisfy themself that members are performing their functions so that the Tribunal is operating to meet its objective.

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. 11 of 1999.

2. This Direction applies to the Principal Member of the Migration Review Tribunal, to any person appointed under section 404 of the Act to act in the office of Principal Member and to any Senior Member to whom under section 405 the Principal Member has delegated a relevant power.

3.      The Principal Member, as part of their function of monitoring the operations of the Tribunal to ensure that those operations are as fair, just, economical, informal and quick as practicable, is directed to implement a performance management program.

4.      The Principal Member, with the involvement of Senior Members, is to review any performance agreements on a regular basis and is to discuss outcomes with and, as necessary, counsel members in relation to their individual performance agreements.

5.      The Principal Member is to set performance targets for, and priorities in relation to, the processing of cases, bearing in mind the priority which migration cases have under subsection 397(4) and any relevant Directions given by me.

6. The Principal Member is to issue a practice direction on the recording of decisions to assist members in meeting their obligations under section 368 of the Act in a way which best meets the Tribunal's objectives under section 353 of the Act. In issuing the practice direction, the Principal Member should have due regard to the Government’s view that matters covered in the practice direction should include the minimum requirements for decision records (indicating the ideal requirements, indicating how decision records can be reduced, and indicating the circumstances in which a more expansive record is required). The practice direction may also require members' decision records to specifically address any discrepancies in the applicant's case.

7.      The Principal Member is to issue a practice direction concerning ex tempore decision making. In issuing the practice direction, the Principal Member should have due regard to the Government’s view that matters covered in the practice direction should include the circumstances where due regard should be had to the desirability of making, or not making, ex tempore decisions. The Principal Member is to endeavour to ensure that members follow this practice direction in a manner which best meets the requirements of being fair, just, economical, informal and quick.

8. While recognising the effect of sections 348, 349, 363 and 363A of the Act, the Principal Member is to issue a practice direction about reviewing decisions. In issuing the practice direction, the Principal Member should have due regard to the Government’s view that matters covered in the practice direction should include that due consideration should be given to the decision that has been made by the primary decision maker and, in particular, to matters which are contested; to inconsistent information or discrepancies in information provided by or regarding the applicant in relation to any immigration or refugee decisions or applications; and to the issue of establishing the applicant’s credibility based on information provided by or regarding the applicant.

9.      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