MIGRATION ACT 1958
DIRECTION UNDER SECTION 499
MIGRATION REVIEW TRIBUNAL
STREAMLINING MEASURES
WHEREAS:
Part 5 of the Migration Act 1958 (the Act) provides that certain visa decisions are reviewable by the Migration Review Tribunal (the Tribunal) and deals with aspects of the Tribunal's operations.
Part 6 of the Act establishes the Tribunal and deals with aspects of the Tribunal's operations.
The Act provides for review "on the papers" in appropriate circumstances and deals with procedures to be followed in those cases where review "on the papers" is not appropriate.
Section 353 of the Act provides that the Tribunal, in carrying out its functions, is to pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.
The Government evaluated the effectiveness and efficiency of immigration review tribunals and considered various options for decision making procedures and structures for review. The Government determined that changes to the system were warranted and legislation has been passed to effect these changes.
The Government is determined to give the Principal Member of the Tribunal such guidance and assistance as can be given under (the auspices of) the Act to improve the Tribunal's decision making systems and productivity and to assist the Tribunal in meeting its objective.
The Government is particularly concerned that delays in the review system lead to extra burdens on community resources and contribute to uncertainty on the part of applicants. The Government's view is that it is particularly important that the review system does not operate in such a way that people are encouraged to lodge unfounded applications in order to benefit from delays.
The Government has determined that guidance and assistance should be given to the Tribunal in relation to those cases where review "on the papers" is not appropriate to better enable the Tribunal to meet the requirements that the Tribunal's mechanism of review be economical and quick.
NOW:
I, Philip Ruddock, the 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. 13 of 1999.
2. This Direction applies to all members of the Tribunal.
3. Bearing in mind the need to ensure that the operations of the Tribunal are economical and as quick as practicable, and consistently with section 362B of the Act, when advising applicants of their right to appear before the Tribunal to give it evidence, members should give due consideration to advising applicants that, in the absence of good cause for non-attendance at the time and place notified for any hearing, the Tribunal may proceed to a decision without further delay.
4. In order to reduce the delays associated with personal hearings and with the personal appearance of witnesses, and consistently with sections 364 and 366 of the Act, members should give due consideration to making greater use of alternative ways of obtaining evidence such as statutory declarations, written arguments and the use of authorised persons to take evidence.
5. Members should give due regard to the desirability of making ex tempore decisions in the circumstances indicated by the Principal Member in any practice direction.
6. Members should act in accordance with any guidelines issued by the Principal Member relating to the order of processing applications for review.
7. 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
Overview
The Migration Act 1958, enacted by the Australian Parliament, was introduced to provide a structured legal framework for the regulation of migration to, from, and within Australia. One of the critical components of this Act is the establishment of the Migration Review Tribunal, which was designed to review visa decisions and ensure that the process is fair, just, economical, informal, and quick, as outlined in Section 353 of the Act. The 1999 legislative instrument, Direction No. 13 of 1999, issued under Section 499 of the Act by the Minister for Immigration and Multicultural Affairs, aims to streamline the operations of the Tribunal. The primary objective of this direction is to address delays in the review system that place extra burdens on community resources and create uncertainty for applicants, while also discouraging the lodging of unfounded applications. The Government seeks to guide the Tribunal in making its review mechanism more efficient, particularly by encouraging the use of alternative evidence-gathering methods and extempore decisions where appropriate.
Scope and Application
The Direction under section 499 of the Migration Act 1958, issued by the Minister for Immigration and Multicultural Affairs, applies to all members of the Migration Review Tribunal, aiming to streamline the operations of the Tribunal by focusing on efficiency and expeditious decision-making. This legislative instrument is designed to address delays and inefficiencies in the review process, ensuring that the Tribunal can fulfil its mandate in a manner that is fair, just, economical, informal, and quick. The Direction specifically instructs members of the Tribunal to consider advising applicants that a decision may be made in their absence if there is no good cause for non-attendance at a hearing, to encourage timely resolution of cases. Additionally, the Direction promotes the use of alternative methods for obtaining evidence, such as statutory declarations and written arguments, to reduce the need for personal hearings and appearances, thereby expediting the review process. The overarching goal is to alleviate the burden on community resources and minimise uncertainty for applicants by preventing unnecessary delays. The Direction is intended to complement existing provisions in the Migration Act and is to take effect from the date of its signature.
Key Provisions
The operative sections of this legislative instrument, known as Direction No. 13 of 1999, primarily aim to streamline the operations of the Migration Review Tribunal (the Tribunal) by providing guidance on efficient and economical review processes (sections 3 and 4). The Direction mandates that Tribunal members consider advising applicants that the Tribunal may proceed to a decision in their absence if no good cause for non-attendance is presented (section 3). Additionally, it encourages the use of alternative methods of obtaining evidence, such as statutory declarations and written arguments, to reduce delays (section 4). Members are also directed to make ex tempore decisions in certain circumstances and to adhere to any guidelines issued by the Principal Member regarding the order of processing applications (sections 5 and 6).
The obligations imposed on the Tribunal members by this Direction include ensuring that they give due consideration to the advice regarding the absence of applicants at hearings and the use of alternative evidence methods. Members must act in accordance with any guidelines provided by the Principal Member concerning the order of processing applications (sections 3, 4, 5, and 6). Essentially, the Direction seeks to streamline the review process by promoting efficiency and reducing unnecessary delays, thereby ensuring that the Tribunal operates in a manner that is both economical and expeditious.
While the Direction itself does not explicitly state offences, penalties, or specific civil or criminal consequences for non-compliance, it is important to note that the Tribunal members are expected to adhere to the guidance provided. Failure to comply with the Direction could potentially result in delays in the review process, which might affect the fairness and efficiency of the Tribunal's operations. The overarching aim of the Direction is to support the Tribunal in achieving its objective of providing a fair, just, economical, informal, and quick mechanism of review as outlined in section 353 of the Migration Act 1958.