MRT - RRT Annual Report 2006-07: Glossary

AASB: Australian Accounting Standards Board.
AAT: The Administrative Appeals Tribunal is a statutory body that provides independent merits review of a range of government decisions.
Access to documents: The Tribunals allow access to documents they hold in accordance with the Migration Act and the FOI Act.
Act, the: The Migration Act 1958 (the Act) is the principal legislation which establishes the Tribunals and sets out their functions, powers and procedures. The Act is the legislative basis for all decisions reviewable by the Tribunals.
AEIFRS: The Australian Equivalents to International Financial Reporting Standards.
affirm: To ratify the decision under review - the original decision remains unchanged and in force.
AIAL: Australian Institute of Administrative Law.
ANAO: The Australian National Audit Office is a specialist public sector practice providing a full range of audit services to the Parliament and public sector agencies and statutory bodies.
ANU: The Australian National University.
applicant: The applicant for review.
appropriations: Amounts authorised by Parliament to be drawn from the Consolidated Revenue Fund or Loan Fund for a particular purpose, or the amount so authorised. Appropriations are contained in specific legislation - notably, but not exclusively, the Appropriation Acts.
APS: The Australian Public Service.
APS employee: A person engaged under section 22, or a person who is engaged as an APS employee under section 72, of the Public Service Act 1999.
ARC: The Administrative Review Council.
asylum seeker: An asylum seeker is a person who has left their country of origin, has applied for recognition as a refugee in another country and is awaiting a decision on their application.
ATO: Australian Taxation Office.
AusAID: The Australian Agency for International Development.
AustLII: The Australasian Legal Information Institute publishes a website that provides free internet access to Australian legal materials, including published MRT and RRT decisions.
authorised recipient: A person authorised by the applicant to do things on behalf of the applicant that consist of, or include, receiving documents in connection with a review.
AWA: Australian Workplace Agreement.
bridging visa: A bridging visa is a temporary visa generally granted to eligible non-citizens to enable them to remain lawfully in Australia for one of a number of specified reasons, the most common one being while they are awaiting the outcome of another, substantive, visa application.
case: It is the Tribunals’ practice to count multiple applications for review as a single case where the legislation provides that the applications for review can be handled together, usually where members of a family unit have applied for the grant of visas at the same time.
CaseMate: CaseMate is the Tribunals’ case management system. It replaced the separate MRT and RRT case management systems in April 2006. It is a customised database that contains, in electronic form, information on individual cases.
CDS: The Commonwealth Disability Strategy recognises that the Australian Government has an impact on the lives of people with disabilities through its many programs, services and facilities.
CEO: The Chief Executive Officer is the Principal Member, who is responsible for the operations and administration of the Tribunals.
Chief Financial Officer: The Chief Financial Officer is the executive responsible for both the strategic and operational aspects of financial planning, management and record-keeping in APS departments and agencies. The Registrar is the Chief Financial Officer of the Tribunals.
COAT: The Council of Australasian Tribunals.
Comcare: A statutory authority responsible for workplace safety, rehabilitation and compensation.
COMITES: Comitato degli Italiani all’Estero - Council for Italians Abroad.
competitive tendering and contracting: The process of contracting out the delivery of government activities previously performed by an agency to another organisation. The activity is submitted to competitive tender, and the preferred provider of the activity is selected from the range of bidders by evaluating offers against predetermined selection criteria.
constitution: Constitution is the formal process where a case is allocated to a Member for the purposes of a particular review. Once a Member is constituted as the Tribunal for the purposes of a particular review, that Member is responsible for the decision-making processes and the decision of the Tribunal for that particular review.
consultancy: One particular type of service delivered under a contract for services. A consultant is an entity - whether an individual, a partnership or a corporation engaged to provide professional, independent and expert advice or services.
corporate governance: The process by which agencies are directed and controlled. It is generally understood to encompass authority, accountability, stewardship, leadership, direction and control.
CPA: The Commonwealth Public Account.
CSS: The Commonwealth Superannuation Scheme.
current assets: Cash or other assets that would, in the ordinary course of operations, be readily consumed or convertible to cash within 12 months after the end of the financial year being reported.
current liabilities: Liabilities that would, in the ordinary course of operations, be due and payable within 12 months after the end of the financial year under review.
DIAC: The Department of Immigration and Citizenship (DIAC). Officers of DIAC hold delegations to make the primary decisions reviewable by the Tribunals.
decision statement: The formal document which sets out the Tribunal decision and reasons in writing for a particular review.
Deputy Principal Member: The Deputy Principal Member assists the Principal Member in relation to the operations of the RRT.
Deputy Registrar: The Deputy Registrar of the Tribunals assists the Registrar.
Department, the: The Department of Immigration and Citizenship (the Department or DIAC).
DFAT: The Department of Foreign Affairs and Trade.
District Registrar: District Registrars assist the Registrar. A District Registrar is responsible for day to day operations and management of a Tribunal registry.
EL: Executive level officer of the APS.
executive officer: The executive officer is the Principal Member. The Principal Member is responsible for the overall operation and administration of the Tribunals.
expenditure: The total or gross amount of money spent by the Government on any or all of its activities.
FBT: Fringe Benefits Tax.
FCA: The Federal Court of Australia.
FCAFC: The Full Court of the Federal Court of Australia.
Finance: The Department of Finance and Administration.
financial results: The results shown in the financial statements of an agency.
FMA: Financial Management and Accountability.
FMA Act: The Financial Management and Accountability Act 1997 is the principal legislation governing the collection, payment and reporting of public moneys, the audit of the Commonwealth Public Account and the protection and recovery of public property. FMA Regulations and Orders are made pursuant to the FMA Act.
FMCA: The Federal Magistrates Court of Australia.
FMO: Finance Minister’s Orders.
FOI: Freedom of Information.
FOI Act: The Freedom of Information Act 1982 (the FOI Act) creates a legally enforceable right of public access to documents in the possession of agencies.
former visa holder: A person who previously held a visa. For example a person who has had his or her visa cancelled.
GST: Goods and Services Tax (GST) is a broad-based tax of 10% on most goods, services and other items sold or consumed in Australia.
Guidance on the Assessment of Credibility: This paper provides an overview of general principles concerning the assessment of credibility of applicants and witnesses giving evidence before the MRT and the RRT. It also contains information about the practices that may be observed by the Tribunals when undertaking an assessment of credibility.
Guide to Refugee Law in Australia: The Guide to Refugee Law in Australia was developed in 1996 and is maintained by the Legal Services Section as a reference tool for Members and staff of the RRT. It contains an analysis of the legal issues relevant to the determination of refugee status in Australia and is regularly updated to reflect developments in the law.
HCA: The High Court of Australia.
hearing: An appearance by a person before either the MRT or the RRT. The appearance may be in person, or by video or telephone link.
HREOC: The Human Rights and Equal Opportunity Commission.
IARC: The Immigration Advice and Rights Centre.
IARLJ: The International Association of Refugee Law Judges.
IASB: International Accounting Standards Board.
IFRS: International Financial Reporting Standards.
IGC: Intergovernmental Committee.
IT: Information technology.
IT&C: Information technology and communications.
IRT: The Immigration Review Tribunal. The IRT operated between 1989 and 1999. It was replaced by the MRT.
Joint Management Board: The Joint Management Board (JMB) is a body that manages the strategic operations of the Tribunals. It consists of the Principal Member, the Deputy Principal Member of the RRT, the Registrar and Senior Members.
jurisdiction: Jurisdiction defines the scope of the Tribunals’ power to review decisions.
LEADR: LEADR is an organisation formed in 1989 to serve the community by promoting and facilitating the use of consensual dispute resolution processes generally known as Alternative Dispute Resolution or ADR.
LIV: The Law Institute of Victoria is the state’s peak body for lawyers and those who work with them in the legal sector.
MARA: The Migration Agents Registration Authority undertakes the role of regulator to the migration advice industry. It is responsible for registration, complaints, professional standards, education and training for migration agents.
Member: The Tribunals comprise of Members. Members are constituted as the MRT or the RRT for the purposes of a particular review and are responsible for the decision-making processes and the decision of the MRT or the RRT for that particular review.
merits review: Merits review is the administrative reconsideration of the subject matter of the decision under review.
MIA: The Migration Institute of Australia is the professional association for Australian migration service providers worldwide. It represents over 1,500 registered migration agents who provide professional migration services to families, businesses and industries throughout Australia.
MIAC: The acronym MIAC is used to identify the Minister for Immigration and Citizenship in abbreviated court citations.
migration agent: A migration agent is someone who uses knowledge of migration procedures to offer advice or assistance to a person wishing to obtain a visa to enter or remain in Australia. They may be a lawyer or work for a voluntary or private organisation or company. A migration agent operating in Australia is required by law to be registered with the MARA.
Minister, the: The Minister for Immigration and Citizenship.
MOU: Memorandum of Understanding.
MRT: The Migration Review Tribunal.
NGO: Non-government organisation.
non-ongoing APS employee: An APS employee who is not an ongoing APS employee. A temporary employee engaged for a specified term or the duration of a specified task. Non-ongoing employees may be engaged on a full-time or part-time basis.
notification: The act of formally making known or giving notices.
OHS: Occupational health and safety.
ongoing APS employee: A person engaged as an ongoing APS employee as mentioned in paragraph 22(2)(a) of the Public Service Act 1999. A person employed on a continuing basis.
OPA: Official Public Account.
operations: Functions, services and processes performed in pursuing the objectives or discharging the functions of an agency.
outcomes: The results, impacts or consequence of actions by Government on the Australian community.
outputs: The goods or services produced by agencies on behalf of Government for external organisations or individuals. Outputs include goods and services produced for other areas of Government external to an agency.
PAES: Portfolio Additional Estimates Statements.
PBS: Portfolio Budget Statements.
performance pay: Also known as performance-linked bonuses and usually taking the form of a one-off payment in recognition of performance. Retention and sign-on payments are not considered to be performance pay, and nor is performance-linked advancement which includes advancement to higher pay points which then becomes the employee’s nominal salary.
PMD: Principal Member Direction.
PRC: The People’s Republic of China.
primary decision: A primary decision is the decision subject to review by either the MRT or the RRT.
Principal Member: The Principal Member is the executive officer of the Tribunals and is responsible for the Tribunals’ overall operations and administration; ensuring that their operations are fair, just, economical, informal and quick as practicable; allocating work, determining guidelines and issuing written directions.
Principal Registry: The Principal Registry is the Tribunals’ national office. The Tribunals’ executive functions are performed at the Principal Registry.
Privacy Act: The Privacy Act 1988 provides protection for personal information.
protection visas: Protection visas are a class of visas a criterion for which is that the applicant for the visa is a non-citizen in Australia to whom Australia has protection obligations under the Refugees Convention or a non-citizen in Australia who is the spouse or a dependant of a non-citizen who holds a protection visa.
PSS: Public Sector Superannuation Scheme.
purchaser/provider arrangements: Arrangements under which the outputs of one agency are purchased by another agency to contribute to outcomes. Purchaser/provider arrangements can occur between Australian Government agencies or between Australian Government agencies and State/Territory government agencies or private sector bodies.
RACS: The Refugee Advice and Casework Service.
refoulement: The return by a state, in any manner whatsoever, of an individual to the territory of another state in which he or she may be persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.
refugee sur place: A person who was not a refugee when she left her country, but who becomes a refugee at a later date, is called a refugee sur place. A person may become a refugee sur place due to circumstances arising in her country of origin during her absence or as a result of her own actions, such as associating with refugees already recognised, or expressing her political views in her country of residence.
Refugees Convention: Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol Relating to the Status of Refugees done at New York on 31 January 1967.
Registrar: The Registrar of the Tribunals assists the Principal Member with the administrative management of the Tribunals.
Registry: A registry is a Tribunal office.
Regulations, the: The Migration Regulations 1994, unless otherwise indicated.
remit: To send the matter back for reconsideration. A Tribunal may remit a decision to DIAC when it decides that a visa applicant has satisfied the criteria which the primary decision-maker found were not satisfied, or that the visa applicant is a refugee.
representative: A representative is someone who can forward written submissions and written evidence to the Tribunals, contact the Tribunals on the applicant’s behalf, and accompany the applicant to any meeting or hearing arranged by the Tribunals. With very limited exceptions, a representative must be a registered migration agent.
review applicant: A review applicant is a person who has made an application for review to either of the Tribunals.
review application: A review application is an application for review that has been made to either of the Tribunals.
reviewable decision: A reviewable decision is a decision that can be reviewed by either the MRT or the RRT. Reviewable decisions are defined in the Act and the Regulations.
RRT: The Refugee Review Tribunal.
RSRC: The Refugee Status Review Committee.
SBS: The Special Broadcasting Service.
Senior Management Group: The Senior Management Group (SMG) comprises the Registrar, the Deputy Registrar, District Registrars and Directors. This group meets at least once a month and deals with Tribunal-wide management and planning issues.
Senior Member: Senior Members provide guidance to and are responsible for Members within each of the registries.
service charters: It is Government policy that departments/agencies which provide services directly to the public have service charters in place. A service charter is a public statement about the service that a department/agency will provide and what customers can expect from the department/agency.
SES: Senior Executive Service of the APS.
set aside: To revoke the decision under review - the original decision is deemed not to have been made. A Tribunal sets aside a decision when it decides that the primary decision should be changed. When a Tribunal sets aside a primary decision it may substitute a new decision in place of the primary decision.
source country: The country of nationality or citizenship of a visa applicant.
SSAT: The Social Security Appeals Tribunal.
Statement of Expectations: The Statement of Expectations sets out the Government’s expectations for the MRT and the RRT in a formal and public manner.
Statement of Intent: The Statement of Intent addresses how the Tribunals will meet the expectations of the Government and the Minister. It sets out Key Performance Indicators for the Tribunals.
statutory objective: The Tribunals’ statutory objective is to provide a mechanism of review that is fair, just, economical, informal and quick. The MRT and the RRT’s statutory objectives are set out in sections 353 and 420 respectively of the Act.
TAFE: Technical and Further Education.
Tribunal: The Migration Review Tribunal (the MRT) or the Refugee Review Tribunal (the RRT).
Tribunals: The Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT), unless otherwise indicated.
Tribunals’ Plan: The Tribunals’ Plan 2007-2010 replaces the MRT-RRT Corporate Plan 2005-07. It is a high level document setting out the Tribunals’ key strategic aims and priorities and core values.
Uhrig Report, the: The Uhrig Report is the Report on the Review of the Corporate Governance of Statutory Authorities and Office Holders presented to the Prime Minister and the Minister for Finance and Administration in June 2003 by Mr John Uhrig AC. The Report’s aim was to examine and report on improving the structures and the governance practices of Commonwealth statutory authorities and office holders, with particular attention being paid to those that impact on the business community.
UN: The United Nations.
UNDP: The United Nations Development Programme (UNDP).
UNHCR: The United Nations High Commissioner for Refugees.
VRB: The Veterans’ Review Board.
visa applicant: A visa applicant is a person who has made a visa application.
workplace diversity: Managing workplace diversity well requires the creation of an inclusive environment that values and utilises the contributions of people of different backgrounds, experiences and perspectives.