Appendix 2 – Freedom of Information

Introduction

This statement is published to meet the requirements of section 8 of the Freedom of Information Act 1982 (the FOI Act). Section 8 requires each Australian Government agency to publish information about the way it is organised, and its functions, powers, and arrangements for public participation in the work of the agency. Agencies are also required to publish the categories of documents held and how members of the public can gain access to such documents.

This statement is correct as at 30 June 2010 and should be read in conjunction with the more detailed information in the rest of this Annual Report.

The Australian Information Commissioner Act 2010and the Freedom of Information Amendment (Reform) Act 2010 (Reform Act) passed through Parliament on 31 May 2010. The reforms to the FOI Act are aimed at promoting a pro-disclosure culture across government and building a stronger foundation for more openness in government. The reforms will impact the way the tribunals process FOI requests and the tribunals’ information publication scheme. The majority of measures in the Reform Act will commence on 1 November 2010. The new Information Publication Scheme and the requirement for agencies to publish information where access has been given under the FOI Act will commence on 1 May 2011.

Establishment

The tribunals are established under the Migration Act 1958. The MRT commenced on 1 June 1999 and the RRT commenced on 1 July 1993.

Organisation

The organisational structure of the tribunals is described in Parts 2 and 4 of this Report.

Functions

The tribunals conduct independent final merits reviews of visa and visa-related decisions made under the Migration Act and Migration Regulations. The tribunals are required to provide a mechanism of review that is fair, just, economical, informal and quick.

Powers

The tribunals have the power to affirm, vary or set aside a decision under review, to remit (return) a matter to the Department for reconsideration in accordance with permissible directions, or to substitute a new decision. They have powers to conduct investigations, to summon witnesses and documents and to take evidence on oath or affirmation.

Arrangements for outside participation

Decisions are made by the MRT or the RRT as formally constituted under the Migration Act for a particular case.

Review applicants are entitled to give written arguments and written statements relating to the facts and issues arising in their review applications, and may appear before the MRT or the RRT to present arguments and give oral evidence. The Secretary of the Department is entitled to give the tribunals written arguments relating to the issues arising in a review application.

The MRT-RRT Community Liaison Meetings provide a forum for the tribunals to meet, exchange information with and consult interested stakeholders. Representatives who attend the meetings come from migration and refugee advocacy groups, human rights bodies and other government agencies. There is an exchange of information and consultation on the tribunals’ processes, caseloads, and relevant legislative and other developments.

The tribunals hold regular liaison meetings with the Department to discuss caseload trends and general business issues.

Categories of documents

The tribunals maintain the following categories of documents:

case files and Departmental files;
case records;
decision records;
audio recordings of proceedings;
application and other forms;
brochures and fact sheets;
procedures;
legal advices;
reference and research materials;
country advices;
statistics; and
administrative and policy files.

The tribunals do not have any documents available for purchase by the public.

Facilities for access to information

The tribunals provide access to documents under the Migration Act or under the FOI Act by supervised access to the original documents and/or by providing copies of documents. Access is available at each of the Tribunals’ registries.

The tribunals maintain an internet website which provides electronic access to certain statistical information, policies and procedures, application and other forms and reference materials.

Access to documents under the Migration Act

Section 362A of the Migration Act provides that MRT applicants and their representatives are entitled to have access to any written material, or a copy of any written material, given or produced to the MRT for the purposes of the review. This right of access means that most requests for access received by the MRT are dealt with outside the FOI Act.

Applicants can obtain access to documents held by the MRT relating to their review application by making a written request using form MR16 Request for Access to Documents available from the tribunals’ registries or at www.mrt-rrt.gov.au. No fee applies.

During 2009–10, the MRT received 1,674 requests for access under section 362A of the Migration Act, and finalised 1,674 requests.

Access to documents under the FOI Act

Any person may make a request under the FOI Act for access to documents held by the tribunals. The request must be made in writing and set out sufficient details to identify the information sought. The MR3 Freedom of Information form for seeking access to documents is available from the tribunals’ registries or the Tribunal website. People applying for access are asked to provide an address in Australia to which the requested information can be sent and to provide a day-time phone number in case there is a need to seek further information.

The $30 FOI application fee will be abolished from 1 November 2010. The tribunals’ policy had been not to require payment of the fee for applicants requiring access to documents about their own cases.

There will also be changes in charging arrangements from 1 November 2010. The tribunals anticipate that charges will be imposed in even fewer requests than the small number of requests for which charges are currently imposed.

During 2009–10, the tribunals received 730 requests for access under the FOI Act, and finalised 721 requests.

Initial contact for inquiries

Requests for access to documents under section 362A of the Migration Act should be addressed to the registry dealing with the case.

Initial inquiries concerning access to documents or other matters relating to FOI may be made at any registry. An FOI request can be made at any registry.

Addresses and contact information for the tribunals’ registries are provided on page 2 of this Report