Refugee Council of Australia
Parliament House, Canberra

Submission on the performance and integrity of Australia’s administrative review system

Recommendations

Contents

Recommendation 1: Increase resourcing of the Migration and Refugee Division

The Australian Government should significantly increase resources to the AAT Migration and Refugee Division in order to address the backlog of protection visa cases. At very least, it should follow the recommendations from the Callinan Review of appointing “no fewer than 15 to 30 Members” to the MRD.

Recommendation 2: Establish an independent appointment body for the AAT

The Australian Government should establish an independent body to make AAT appointments to strengthen the independence of the AAT appointment process and ensure that only relevantly experienced and qualified people are appointed.

Recommendation 3: Publish Statistics

The AAT should publish yearly statistics which set out the decision-making patterns of individual tribunal members in refugee cases. This would include data comparing individual tribunal members overall success rates, and success rates for specific cohorts.

Recommendation 4: Abolish the IAA

The Australian Government should abandon the Immigration Assessment Authority and ensure all people seeking asylum have access to merits review through the Administrative Appeals Tribunal.

Recommendation 5: Reinstate funded legal advice

The Australian Government should reinstate access to the Immigration Advice and Application Assistance Scheme at both the primary and review stages of the refugee status determination process, at both the AAT and IAA, regardless of how a person came to Australia.

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