MRT - RRT Annual Report 2007-08

Australian Government - Migration Review Tribunal - Refugee Review TribunalMigration Review Tribunal - Refugee Review Tribunal Annual Report 2007-2008Migration Review Tribunal - Refugee Review Tribunal Annual Report 2007-2008
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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.

CARE International

A humanitarian organisation fighting global poverty.

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.

Commonwealth Ombudsman

Professor John McMillan is the Commonwealth Ombudsman. His office considers and investigates complaints about Australian Government departments and agencies, including the Tribunals.

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 Deregulation.

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.

IRT

The Immigration Review Tribunal. The IRT operated between 1989 and 1999. It was replaced by the MRT.

IT

Information technology.

IT&C

Information technology and communications.

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.

Legal Services Directions 2005

Issued by the Attorney-General under the Judiciary Act 1903, the Legal Services Directions 2005 require Chief Executives of agencies to ensure that their agencies' legal services purchasing, including expenditure, is appropriately recorded and monitored and that, by 30 October each year, the agency makes publicly available records of the legal services expenditure for the previous financial year.

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. It represents over 1,500 registered migration agents who provide professional migration services.

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.

NAATI

National Accreditation Authority for Translators and Interpreters.

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 as 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 of 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 may become a refugee sur place due to circumstances arising after he or she has left his or her country of origin.

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.

RSD

Refugee status determination.

RSRC

The Refugee Status Review Committee.

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.

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.

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.

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.

 

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