Migration Act 1958 - Direction under section 499 - Refugee Review Tribunal - Streamlining Measures (Direction No. 16 of 1999)

Overview

The Migration Act 1958, enacted by the Commonwealth Parliament, addresses the need for an effective and efficient review mechanism for certain protection visa decisions, ensuring they are fair, just, economical, informal, and quick. The Act established the Refugee Review Tribunal (the Tribunal) to review such decisions, with a focus on streamlining the process to reduce delays that burden community resources and contribute to uncertainty for applicants. The Government, concerned about the impact of delays, sought to improve the Tribunal's decision-making systems and productivity through legislative changes. To this end, Direction No. 16 of 1999 was issued under the auspices of the Act, providing guidance to the Tribunal on expediting reviews, using alternative evidence methods, making ex tempore decisions, and prioritising the processing of applications based on factors such as detention status and likelihood of benefit from lengthy processing times. This direction aims to assist the Tribunal in meeting its objective of providing a timely and efficient review mechanism.

Scope and Application

The Migration Act 1958 provides for the review of certain protection visa decisions by the Refugee Review Tribunal (the Tribunal), which is established under the Act. This legislative instrument, Direction No. 16 of 1999, applies to all members of the Tribunal and is aimed at streamlining the review process to ensure it is fair, just, economical, informal, and quick. The Direction mandates that members should advise applicants of their right to appear before the Tribunal, while also considering proceeding without further delay in the absence of good cause for non-attendance. It encourages the use of alternative ways of obtaining evidence, such as statutory declarations and written arguments, to reduce delays and expedite the process. Members are also directed to prioritise the processing of applications based on factors such as the applicant's detention status, claims of torture or serious trauma, and the potential benefit from lengthy processing times. This Direction, issued by the Minister for Immigration and Multicultural Affairs, aims to improve the efficiency and effectiveness of the Tribunal's operations, ensuring that genuine refugees are identified and processed quickly while minimising unnecessary delays.

Key Provisions

The key operative sections of this Direction (No. 16 of 1999) mandate specific practices for members of the Refugee Review Tribunal when handling protection visa decisions. Section 3 directs members to advise applicants that, in the absence of good cause, the Tribunal may proceed to a decision without further delay if the applicant does not attend the hearing. Section 4 encourages the use of alternative evidence gathering methods, such as statutory declarations and written arguments, to reduce delays. Section 5 advises members to consider making ex tempore decisions in circumstances outlined by the Principal Member. Section 6 establishes a priority order for processing applications, with applications from detainees, those who have experienced serious trauma, and those receiving Asylum Seeker Assistance being given precedence. Section 7 requires members to follow any guidelines issued by the Principal Member regarding the order of processing applications. The obligations imposed by this Direction on the members of the Tribunal are to ensure that the operations of the Tribunal are economical and as quick as practicable, in line with the overarching objective of the Act to provide a fair, just, economical, informal and quick mechanism of review. Members must give due consideration to advising applicants about the consequences of not attending hearings and to making greater use of alternative evidence-gathering methods. They must also give due regard to making ex tempore decisions and adhere to the established order of processing applications as indicated by the Principal Member. There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of this Direction within the text. However, any failure by members of the Tribunal to comply with the guidance and assistance provided by this Direction could potentially lead to delays in processing applications, which might result in adverse consequences for applicants and increased burdens on community resources. The effectiveness of the Tribunal in meeting its objectives of providing a fair, just, economical, informal and quick mechanism of review could also be compromised.