Part 1 – Principal Member’s Report

It gives me great pleasure to provide this report on the tribunals’ operations in a challenging year which was marked by increased application rates, shifts within our caseload and significant member and staff movement. 2009–10 has also seen the combined tribunals decide the largest number of cases since 2005–06; provide more and better information about our operations; and initiate enhanced arrangements for engagement with our stakeholders.

During the year the tribunals’ long-serving Registrar, John Lynch, left us. After moving in April on secondment to the Department of Immigration and Citizenship, he accepted a transfer to the Department in August. John was appointed as Registrar of the MRT and Registrar of the RRT in 2002, and, with the then Principal Member, led the two tribunals through their administrative amalgamation. Throughout, John was focused on the quality of service and the good reputation of the tribunals and I can say from the feedback I receive that our decisions, our policies and the openness in which we operate are held in higher regard by our clients and stakeholders than at any time in the past. John’s departure is a great loss to the tribunals.

In April of this year, Ms Amanda MacDonald was appointed as the Deputy Principal Member of the MRT and the RRT. This is the first time that the tribunals have had a Deputy Principal Member across both tribunals. Ms MacDonald has a range of responsibilities, particularly in relation to the professionalism of the membership and community liaison activities.

The tribunals’ overall caseload increased in 2009–10, with a 12% increase in MRT lodgements more than compensating for the 11% decrease in RRT lodgements. With 9,737 cases finalised, the tribunals decided 18% more cases than were decided in 2008–09. However, this impressive result was offset by an increase in lodgements, with a total of 10,603 applications received for the year. Further strong growth is anticipated this year, with both MRT and RRT lodgements trending upwards over the last 3–4 months. Reducing the growth in the MRT backlog continues to be a key challenge.

Reflecting developments in migration legislation and policy, there were significant changes in the makeup of MRT lodgements. There was a large growth in student refusal and student cancellation cases, which increased by 180% and 75% respectively from 2008–09 levels, and a 37% decline in skilled cases.

There were also some notable changes in the representation of source countries within the RRT caseload. A large increase in Fijian lodgements moved Fiji to second ranking by source country, accounting for 11% of all RRT lodgements for the year, compared with its ninth ranking in 2008–09. China (PRC), with 33% of lodgements, remains the largest RRT caseload.

To respond to the increasing volume and shifting composition of the tribunals’ caseload we have developed strategies, underpinned by extensive analysis of the caseload, to allocate cases to members in a way that makes the most efficient and effective use of member resources. In 2009–10 the target was to allocate 10,000 cases for the year and, in the end, 9,428 cases were allocated to members. This result was affected by the need to reallocate cases from 21 members who were not reappointed for a further term.

Following wide consultation with all staff and members and externally with members of the Community Liaison Groups on the proposed 2010–11 caseload and constitution direction, I issued a new Direction relating to the constitution of cases. PMD1/2010 Caseload and Constitution sets out case priorities, time standards and allocation and decision targets.

Caseload management has been a focus of attention and on Friday 23 July 2010 all members and senior managers attended a workshop in Sydney on Managing our Caseload into the Future. The primary aims of the workshop were to provide an opportunity to share and develop ideas about effective case management and to discuss the caseload and constitution arrangements set out in the new caseload and constitution direction. It was a very successful day with a focus on the need to deal with a growth in cases on hand and improve decision output and timeliness.

A very pleasing development during 2009–10 has been the large decline in the number and percentage of tribunal decisions taken to judicial review. Judicial review applications were lodged in relation to 750, or 7.7%, of tribunal decisions made in 2009–10 compared to 1,089, or 13.2%, of decisions made in 2008–09. A further very positive feature of judicial review outcomes for the year was the marked drop in the proportion of tribunal decisions set aside by the courts. On the RRT, 10.4% of the 508 judicial review applications lodged against decisions made during the year resulted in the tribunal decision being set aside, down from 14.1% and 15.5% respectively in the two previous years. On the MRT, 33.9% of the 242 judicial review applications lodged against decisions made during the year resulted in the tribunal decision being set aside. However, many of these were consent remittals as a result of changes in the law due to the High Court’s decision in Berenguel v MIAC [2010] HCA8 and the Federal Court judgments in Hossain & Mo [2010] FCA 161/ [2010] FCA 162.

In June 2010 the Governor-General appointed 43 members to the tribunals for 5 years with effect from 1 July 2010. Eight full-time and 17 part-time members were appointed for a further term, and 8 full-time and 10 part-time Members were new appointments. An induction program was conducted for new members over 5 days in July 2010.

I believe it is important to seek the views and consider the needs of our stakeholders and this year the tribunals have placed renewed emphasis on engaging with our stakeholders and providing information about our operations. The initiatives undertaken include development of a Stakeholder Engagement Plan, expanding our program of community liaison meetings to cover Brisbane, Perth and Adelaide in addition to Melbourne and Sydney, providing improved information on our website in the form of an “information for representatives” page and consulting extensively on the development of key policy and procedural documents.

Alongside this enhanced community engagement, I am pleased to report that the tribunals have further increased the proportion of decisions published to more than 40% across both tribunals and have also initiated publication of country advice products used by members to assist their decision making. Country advice products published on the tribunals’ website include general and specific country information and research responses to questions from members.

In a measure to enhance the accountability of the tribunals’ operations and their corporate governance, the tribunals have for the first time appointed an independent chair to the Audit and Risk Management Committee. Mr Jim Mitchell, a former NSW Deputy Auditor-General, has taken up this position and will guide the Committee in ensuring critical oversight of audit and risk matters.

As I have observed in previous reports, it is my view that the operations of the tribunals and the experience of clients in negotiating the review process could be enhanced if certain legislative changes were made. I am pleased that the policy platform of the incoming Government includes a commitment to review the merits and judicial review architecture under the Migration Act.

In closing, I would like to thank the members and staff of the tribunals for their contribution to the very positive outcomes achieved this year. Their dedication, diligence and concern for the needs of our clients have enabled the tribunals to maintain high standards of service while meeting the changing demands of our environment.

Denis O’Brien
Principal Member