Asylum Seeker Law

[copied from www.ag.gov.au due to unreliability/transience of link]

27 October 2003

MIGRATION LITIGATION REVIEW TO IMPROVE ACCESS TO JUSTICE

Attorney-General Philip Ruddock today announced a review of migration litigation aimed at leading to more efficient management of migration cases.

"For some time the Government has been concerned about delays in the resolution of migration cases and the very low success rate of applicants," Mr Ruddock said.

In 2002-2003, more than one third of migration applications in the Federal Court and the Federal Magistrates Court were withdrawn by applicants before the court reached a decision. The Government won 92.5 percent of the remaining cases.

"These figures suggest that much court time is being wasted at taxpayer expense and litigants with meritorious claims are being inconvenienced," Mr Ruddock said.

"The Government is committed to applicants with genuine claims having their case properly considered, however great strain is being placed on the courts and the migration system more generally, by unmeritorious applications.

Migration cases form a substantial and increasing proportion of the workloads of both the Federal Court and the Federal Magistrates Court.

Migration applications filed in or transferred to the Federal Magistrates Court went from 182 in 2001-2002 to 1,397 in 2002-03. In the Federal Court, migration matters comprised 66.5 percent of appeals last year, up from 56.5 percent the previous year.

The review will be headed by First Parliamentary Counsel Ms Hilary Penfold PSM QC.

"Ms Penfold has a wealth of experience in advising the Government on solutions to complex policy problems and she is well placed to tackle these difficult issues," Mr Ruddock said.

"The Federal Court, Federal Magistrates Court and Refugee Review Tribunal are contributing staff to the review. I welcome the valuable practical contribution they will make to the review."

A high level steering committee will assist the review. Members of the steering committee will include a Federal Court judge and a federal magistrate, as well as deputy secretaries from the Attorney-General's Department, the Department of Prime Minister and Cabinet and the Department of Immigration and Multicultural and Indigenous Affairs.

The review is to report by the end of this year.

Media Contact: Steve Ingram (02) 6277 7300 / 0419 278 715

www.law.gov.au/ag

MIGRATION LITIGATION REVIEW
TERMS OF REFERENCE

Having regard to:

• the costs imposed by delays in the resolution of claims relating to migration status, especially refugee status;
• the need to ensure that all migration cases are dealt with expeditiously and efficiently (whether by tribunals or courts and including on appeal); and
• the need to reduce the large numbers of unmeritorious migration cases while preserving access to justice for cases with merit;

the review shall inquire into and report to the Government on:

a) measures for the more efficient management and quicker disposition of migration cases, and for the reduction of the large numbers of unmeritorious cases, including procedures, time limits, grounds for dismissal of applications, restrictions on appeals such as leave requirements, and fee rules including provisions for waivers and exemptions;

b) the adequacy of the existing framework for ensuring that migration agents and members of the legal profession do not encourage the bringing of unmeritorious migration cases;

c) the effect that non-compliance with specific provisions of the Migration Act 1958 should have on review rights; and

d) any other matter that the review considers is relevant to the more efficient management and disposition of claims relating to migration status.

In performing its functions the review may consult with or invite submissions from relevant bodies and individuals, including:

• courts and tribunals;
• government departments and other agencies;
• bodies representing litigants and legal practitioners; and
• legal practitioners and other persons involved in migration litigation.