Editors --- "New Body for Merits Review of Migration Decisions" [1999] AdminRw 14; (1999) 51 Admin Review 44

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NEW BODY FOR MERITS REVIEW OF MIGRATION DECISIONS

The Migration Legislation Amendment Act (No. 1) 1998 passed through the Senate on 2 December 1998, and received Royal Assent on 11 December 1998. The Act commenced operation on 1 June 1999.

Under the legislation, independent merits review of migration decisions is now being undertaken by a new body - the Migration Review Tribunal ('MRT').

The MRT replaces both the Immigration Review Tribunal ('IRT') and the Migration Internal Review Office ('MIRO') which had provided a first-tier and internal review mechanism for the immigration portfolio.

Applications for review of decisions made by the Minister for Immigration and Multicultural Affairs, or by delegates of the Minister, which were previously dealt with by MIRO and the IRT, now go straight to the MRT. All outstanding applications in MIRO and the IRT, as at 1 June 1999, were automatically transferred to the new Tribunal.

Besides the establishment of a one-tier system of merits review of migration decisions, key differences introduced by the new Act are:

• express provision for the Principal Members of the MRT and the Refugee Review Tribunal ('RRT') to give directions in relation to the efficient processing of applications, and for the reconstitution of the MRT in certain circumstances;

• provision for publication of MRT decisions to be at the discretion of the Principal Member;

• provision for the MRT to proceed to decide against an applicant, when the applicant fails to respond to a request for information within a prescribed time-limit;

• provision for applicants to comment on adverse information before the MRT;

• a requirement of the MRT to 'hand down' written decisions;

• an extension of a code of procedure to cover the conduct of matters before the MRT and RRT; and

• the introduction of a case officer model - where much of the preliminary research and investigative work is to be undertaken by administrative staff.

The general objectives and powers of the MRT, however, remain similar to those of the old IRT.

The membership structure of the MRT is also similar to that of the IRT, with a Principal Member, Senior Members and Members, who are appointed by the Governor-General. The MRT is also to have a Registrar.

Application to the MRT is to be by way of a form which must be lodged within a specified time limit. At present, the application fee is $1,400.

The Administrative Appeals Tribunal retains its current migration jurisdiction and the role of the RRT remains unchanged.