Appendix 2: Statements of Expectations and Intent

Statement of expectations by the Minister

This Statement of Expectations sets out Government’s expectations for the Migration Review Tribunal and the Refugee Review Tribunal (the Tribunals) in a formal and public manner.

It has been prepared as part of the implementation of Government’s response to the Report on the Review of the Corporate Governance of Statutory Authorities and Office Holders (the Uhrig Report).

The Tribunals will respond to this Statement of Expectations with a Statement of Intent.

Recognising the Tribunals’ role to provide an independent review of visa decisions made by myself or my delegates, it is my expectation that the Tribunals will at all times:

act in accordance with the Migration Act 1958 (the Act), the Migration Regulations 1994 and all other applicable law in the performance of the Tribunals’ function to provide an independent merits review of visa and visa-related decisions;
provide a mechanism of review that is fair, just, economical, informal and quick;
in reviewing decisions, act according to substantial justice and the merits of the case;
have proper regard to any directions provided by me under section 499 of the Act and any directions issued by the Principal Member of the Tribunals under sections 353A and 420A of the Act;
ensure financial dealings are managed in accordance with the legislative requirements of the Financial Management and Accountability Act 1997;
work with the Department of Immigration and Citizenship to provide efficient and timely exchange of information between the Department and Tribunals; and
continue to effectively implement and maintain high standards of corporate governance.

In addition, it is my expectation that individual Tribunal Members and staff will at all times:

treat people coming before the Tribunals with courtesy and respect and be mindful of their cultural or other special needs;
preserve the confidentiality of sensitive information handled in the course of their duties; and
adhere, as Members, to the Members’ Code of Conduct and the Members’ terms and conditions of appointment and, as staff, to the Australian Public Service Values and Code of Conduct;

and, that Tribunal Members, in particular, will:

actively work to produce quality and timely decisions; and
ensure their independence as decision-makers is always maintained.

Statement of intent by the Principal Member

The Migration Review Tribunal and the Refugee Review Tribunal (the Tribunals) will:

act in accordance with the Migration Act 1958 (the Act), the Migration Regulations 1994 and all other applicable law in the performance of the Tribunals’ functions to provide an independent merits review of visa and visa-related decisions;
provide a mechanism of review that is fair, just, economical, informal and quick;
in reviewing decisions, act according to substantial justice and the merits of the case;
have proper regard to any directions provided by the Minister under section 499 of the Act and any directions issued by the Principal Member of the Tribunals under sections 353A and 420A of the Act;
ensure financial dealings are managed in accordance with the legislative requirements of the Financial Management and Accountability Act 1997;
work with the Minister and the Department of Immigration and Citizenship (the Department) to provide efficient and timely exchange of information between the Department and Tribunals; and
continue to effectively implement and maintain high standards of corporate governance.

The key performance indicators for the Tribunals are:

the correctness and quality of Tribunal decisions, having regard to the level and outcomes of appeals against the Tribunals’ decisions;
the extent to which the Tribunals meet productivity expectations;
the extent to which the Tribunals meet time standards for the completion of reviews;
the extent to which work practices support a mechanism of review that is fair, just, economical, informal and quick;
the number and nature of complaints received by the Tribunals and other bodies in relation to the Tribunals’ operations;
the effectiveness of the Tribunals’ financial planning, budgeting and use of resources;
the effectiveness of the Tribunals’ human resource management and training and development activities; and
the extent to which the Tribunals’ achieve the objectives of workplace diversity, workplace safety and other workplace plans or programs.

Members and staff will at all times:

treat people coming before the Tribunals with courtesy and respect and be mindful of their cultural or other special needs;
preserve the confidentiality of sensitive information handled in the course of their duties; and
adhere, as Members, to the Members’ Code of Conduct and the Members’ terms and conditions of appointment and, as staff, to the Australian Public Service Values and Code of Conduct.

Members, in particular, will:

actively work to produce lawful, quality and timely decisions; and
ensure their independence as decision makers is maintained.

The Tribunals will:

deliver high quality, timely and cost effective decisions;
be open, accountable and efficient;
publish Principal Member Directions on the efficient conduct of reviews, which will set out the priorities to be given to cases, and the time standards for the completion of reviews;
maintain a corporate plan and a service charter which have an emphasis on dealing with people with courtesy, respect and dignity;
maintain professional development and training programs for Members and staff and provide appropriate feedback for primary decision makers of the Department;
provide an Annual Report each year on the operations of the Tribunals, for tabling in Parliament;
notify the Minister and the Department, in a timely manner, of significant events related to the Tribunals’ operations;
provide regular operational reports to the Minister;
maintain effective liaison arrangements with non-government and community organisations, including regular liaison meetings;
contribute to professional development across the migration advice industry; and
maintain effective liaison arrangements with the Department through both formal and informal meetings and contacts, in accordance with the Memorandum of Understanding between the Department and the Tribunals.