Part 1: Principal Member’s Report
This is my final report after some six years as the Principal Member of the Migration Review Tribunal (the MRT) and the Refugee Review Tribunal (the RRT). During this time many significant and substantial organisational changes have been made with successful outcomes, especially in relation to quality and professional standards, the timeliness of reviews and in relation to the Tribunals’ culture, work practices and structure.
First let me report that the Tribunals continued to contribute to Australia’s migration and refugee determination programs during the year ending 30 June 2007 through the provision of quality and timely reviews of decisions.
The Tribunals completed 9,305 reviews, making decisions favourable to applicants in 42% of the cases resolved, and made further improvements to the timeliness of reviews.
A detailed review of the Tribunals’ performance over the year is set out in Part 4 of this Report.
The last six years
The primary focus for the Tribunals over the six years I served as Principal Member was on improving the quality and timeliness of reviews, improving professional standards and being more open and responsive with our clients and stakeholders. Over the same period, there were also very substantial organisational changes to align the operations of the Tribunals.
The commitment to delivering consistent, timely, high quality reviews is reflected in the Tribunals’ Plan. The key values which were identified by Members and staff during the planning process included the quality, integrity and consistency of decisions; helping people understand our procedures; listening and responding to feedback; being courteous and respectful; and meeting professional performance and ethical standards. The Tribunals’ Plan sets out the Tribunals’ strategic agenda and strategic priorities through to 2010. The Tribunals’ Plan is at Appendix 1.
The Tribunals continue to give a great deal of thought to the quality of the review process and decision-making. With the Tribunals being the final level of merits review and restrictions on appeal rights to the courts, the quality and consistency of the Tribunals’ decisions is important to the credibility of the overall decision-making system. This was a particularly important consideration when I reviewed the Tribunals’ caseload and constitution arrangements this year. Wide consultations took place with all Members and staff on these arrangements and on performance measurement and appraisal arrangements, and careful consideration was given to views which were expressed by stakeholders when legislative changes were being considered by Parliament earlier this year. The policy that has emerged takes into account the range of factors that have influenced, and continue to influence, the performance of Members in conducting reviews, and case law developments which have made decision-making more complex and time consuming.
A challenge for 2007-08 will be addressing the significant changes to the Tribunals’ statutory obligations in relation to the conduct of reviews which have been introduced by the Migration Amendment (Review Provisions) Act 2007. The new provisions apply to applications for review received on or after 29 June 2007.
Professional development and training, the quality of information resources and professional staff support services are essential to the delivery of quality reviews and there has been a substantial investment in these areas by the Tribunals. The Tribunals have a very effective Legal Services Section which provides detailed updates and briefings to Members on court judgments and changes to legislation, and the Members’ professional development program regularly includes presentations from external speakers.
One of my main priorities when I became Principal Member was to ‘demystify’ the operations of the Tribunals. There are now regular meetings with stakeholders in relation to the operations of both Tribunals, and the Tribunals have increasingly taken a more open approach in inviting comments from stakeholders as policies are developed. The Tribunals have published Principal Member Directions on the conduct of reviews, the caseload and constitution policy and the management of detention cases, the Guide to Refugee Law in Australia, the Interpreters’ Handbook, the Member Code of Conduct and the Guidance on the Assessment of Credibility, and sought to make our Annual Reports as informative as possible.
A new monthly MRT-RRT Decisions Bulletin, called précis, was published for the first time in July. The Bulletin includes summaries of selected Tribunal decisions and court judgments, information relating to legislative changes, and statistical information. All publications are available from the Tribunals’ website at www.mrt-rrt.gov.au. Responding to community feedback, the Tribunals have also recently increased the number of MRT and RRT decisions that are published on the Australasian Legal Information Institute (AustLII) website at www.austlii.edu.au. The Tribunals will now publish over 1,500 decisions each year.
Another priority was to strengthen the culture of being courteous and respectful towards applicants and representatives across both Tribunals. While all Members strive to conduct fair hearings, instances have sometimes occurred of a Member being discourteous or overbearing, or not placing the same emphasis as other Members on ensuring that, as far as reasonably practicable, the applicant understood and had an opportunity to respond to the issues. Particular instances have been identified by the courts and at community liaison meetings. The Tribunals have worked hard to address these concerns directly with individual Members, through complaints processes, through professional development activities and through the development and adoption of the joint Member Code of Conduct, and through Principal Member Directions and guidelines.
Such steps are taken in the context that Members are holders of public offices appointed by Government, and are independent in their decision-making in relation to cases before them. In developing directions and guidelines, in managing the operations of the Tribunals, and in operating within Government as an agency, the Tribunals must act in a way that preserves the independence of Members to conduct reviews in individual cases, and that protects the integrity and credibility of decision-making.
A further priority for me was to assess the Tribunals’ decision-making and operations against those of other review bodies within Australia and internationally. The Tribunals have greatly valued relationships with other review and complaints bodies in Australia and actively participated in associations with other tribunals and courts and in administrative law conferences and seminars. The Tribunals have also taken a close interest in the operations of similar bodies overseas and this interest is reciprocated by those bodies. During the year, I was invited to address the Council of Canadian Administrative Tribunals’ 4th International Conference, and the Tribunals were visited by delegations from the Irish Naturalisation and Immigration Service and the Irish Department of Justice, Equality and Law Reform, from the New Zealand Refugee Status Appeals Authority, from the Cyprus Reviewing Authority for Refugees, from District Courts in Japan, and from the Republic of Korea Immigration Bureau.
The very substantial organisational changes that have been achieved over the last six years were aimed at improving the quality, consistency and timeliness of reviews, and the administrative alignment of the operations, procedures and personnel of the two Tribunals. The changes were made over time and all transitional costs were absorbed within the Tribunals’ resourcing. Savings were realised through adjustments to the Tribunals’ funding in 2005-06 and in 2006-07. A summary of the changes and significant milestones is set out in Table 5.1.
The Tribunals now have a single workplace culture and operating environment.
Performance audit by the Australian National Audit Office
As mentioned in previous Annual Reports, the Australian National Audit Office (the ANAO) commenced a performance audit of the operations of the Tribunals in April 2005. That audit has now been completed, with the Auditor-General presenting his report to Parliament on 14 June 2007. The report, Management of Tribunal Operations – Migration Review Tribunal and Refugee Review Tribunal (Audit Report No.44 of 2006-07) recognised the significant organisational and work practice change that had occurred over the period that the Tribunals had been aligning operations, and concluded that the operations of the Tribunals were being effectively managed. The ANAO made five recommendations relating to strengthening planning, reporting and stakeholder involvement. The Tribunals agreed with the recommendations and have been taking action to implement them.
Commonwealth Ombudsman’s reports
The Commonwealth Ombudsman’s final reports on the investigations into persons who had been held in immigration detention and subsequently released as not unlawful were released on 2 July 2007. During the course of the investigations, the Tribunals provided information to the Ombudsman about the Tribunals’ procedures and information in relation to a number of specific cases and circumstances.
The Ombudsman’s reports include criticism of the arrangements that had existed between the Tribunals and the Department of Immigration and Citizenship (DIAC) in relation to exchange of information on applications for review and the lack of a formal agreement between the agencies concerning cases where there may not have been effective notification of previous decisions. The Ombudsman’s reports noted the new arrangements and systems that had been implemented in 2006 in relation to the exchange of information between the Tribunals and the Department, and recommended that the Tribunals and the Department continue to work together to ensure that systems and procedures are effective and that there is co-ordination on issues that affect the agencies.
Farewell
Mr Denis O’Brien has been appointed as the Principal Member of the MRT and the RRT from 3 September 2007, and Mrs Mary Urquhart has been appointed as Deputy Principal Member of the RRT. I congratulate both on their appointments, and wish them every success for the future.
The Tribunals are a special place to work because of the commitment of Members and staff to performing their duties knowing that people’s lives are significantly affected by our decisions and the manner in which we make them.
I have been fortunate in my career to meet and work with many fine people, not least with the Tribunals. I particularly value the time I have spent with the Tribunals, and thank all Members and staff for their commitment and support towards achieving good and fair decision-making, and all those in the community or in practice who have represented or supported applicants over the years. I have greatly appreciated the support of those who worked directly with me, and will miss the day to day interaction with them. I wish the Tribunals ongoing success and achievement.
Steve Karas AO