Part 2 – Registrar’s Report

Over the last two years the Tribunals have had to deal with an increasing and more complex caseload and this has been a focus for change in relation to the management of caseloads, the nature and quality of support services provided to Members, the information and guidance that we publish, and our relationships with stakeholders.

The increased use of legal and registry resources in the initial analysis of cases has supported an increased allocation of cases to Members through the batching of cases which raise similar issues, which makes more efficient use of Member time and expertise. It has also improved our focus in setting priorities for professional development and training and the preparation of legal, research and policy materials.

A very significant development was the decision taken during the year to make public on the Tribunal website country research prepared within the Tribunals. Starting in January 2009, the coverage has now extended to more than 40 countries. This provides valuable country information for applicants, representatives and the community.

Following a survey of Sydney Members in June 2009, the Sydney Research Committee, comprising Members and Country Research staff, recommended to the Management Board an increase in staff to enable improved services to Members. An increase in staff numbers has been approved by the Board and additional country advisers are being recruited. The additional resources will improve the capacity for greater analysis and advice to Members on country information that is relevant to the claims of refugee applicants.

The Tribunals also increased the number of Tribunal decisions which are published, from at least 20% of decisions to at least 40% of decisions made. In doing so, we responded to feedback from representatives and other interested parties that they would find a larger database of decisions more valuable when advising applicants and for the purpose of research and identifying trends. Both MRT and RRT decisions are published on the AustLII website at www.austlii.edu.au. RRT decisions are edited to remove information which would identify the applicant or relatives of the applicant, as required by the Migration Act 1958. MRT decisions are published in full, as required by the Migration Act, unless the Member has determined that this would not be in the public interest.

Both the publication of country research and the increase in the number of decisions published have been well received by the community and practitioners, and support consistency, transparency and accountability.

Building on these positive developments, we developed a draft stakeholder engagement plan towards the end of the year which is aimed at developing our communication and engagement with our stakeholders. The draft plan is currently being reviewed through our current community liaison network.

As part of Refugee Week 2009, the RRT hosted open afternoons in Sydney, Melbourne and Perth. Visitors were able to view a mock hearing and to attend presentations on aspects of protection visa reviews.

The Minister, Senator Chris Evans, issued new guidelines in December 2008 in relation to the Minister’s powers to substitute a more favourable decision than that made by the Tribunals. The guidelines provide for the assessment of cases raising humanitarian and compassionate circumstances which are referred to the Department by the Tribunals. The Principal Member in turn issued guidelines for Members relating to the referral of cases to the Department for the Minister’s consideration and the setting out of relevant circumstances or considerations in the Tribunal’s statement of decision and reasons. Between 1 January and 30 June 2009, Members referred 135 cases to the Department, which represented 4% of the cases decided.

The 10th anniversary of the MRT occurred on 1 June 2009. The MRT was established in 1999, replacing a two tier review model which consisted of internal review by an authorised review officer, and an external review by the Immigration Review Tribunal.

In relation to staffing matters, the Australian Industrial Relations Commission agreed to a variation and extension of the Certified Agreement covering Tribunal staff in April 2009. The salary increases are linked to productivity improvements which will be progressed through 2009–10 alongside other measures to reduce expenditure during what is a tight budgetary environment.

I mentioned in last year’s report that the Tribunals had been progressing a review of funding arrangements with the Department of Finance and Deregulation. An agreement is close to being settled. It will be based on a review of the costs of the Tribunals’ operations, and to provide the Tribunals with the capacity to address the increase in cases.

In closing, I would like to express my thanks and appreciation to Members and all staff of the Tribunals for their hard work, commitment and sensitivity to client needs and expectations over the year.

John Lynch
Registrar