Free Essay

Admin Tribunal Report

In:

Submitted By poiuytrewqasdfgh
Words 1139
Pages 5
I INTRODUCTION
The primary role of the Administrative Appeals Tribunal (AAT) is to review the decision of the original administrator and to come to a decision that is the correct or preferable one based on the facts. The Administrative Appeals Tribunal Act 1975 (Cth) guides its operation, in that it must provide a review process that is “fair, just, economical, informal and quick.” In observing the proceedings of Tusitala and Minister for Immigration and Citizenship, it is evident that the tribunal has an enhanced ability to gather relevant information compared to the original decision maker. This information is potentially valuable and should be given proper weight to when making a decision. It is also apparent that the objects of fair and just are naturally contradictory to economical, informal and quick. Nonetheless, the AAT reconciles competing aims through its flexibility to deal with proceedings as it deems fit.

II HEIGHTENED ABILITY OF TRIBUNAL TO ASCERTAIN RELEVANT INFORMATION
One of the principle features of the AAT is its enhanced ability to collect and find facts in making a decision affecting the rights of the applicants. The Senior Member (SM) of the tribunal indicated that she has to come to her own conclusion, which is the correct or preferable one, on the materials before her instead of the material before the original decision maker. It is notable that the SM can give appropriate weight to other factors beyond character grounds set out by the Migration Act. The Minister considers whether or not the applicant has passed the “Character Test” in deciding to cancel his visa, guided by Direction 55 that outlines its application. While some factors may overlap, the AAT has the discretion to assess the other factual details such as the severity of the applicant’s criminal offences, the availability of family support, the impact of family influence, various opinions about him, personal links to Australia, and chances of rehabilitation and reform.
Although the original decision maker also takes into account the strength of the applicant’s ties to Australia, he makes the decision based on the applicant’s records of family members; what is said on paper. On the other hand, the AAT is able to hear statements first-hand from family members, and observe a significant emotional impact if the applicant’s visa were to be cancelled. These factors may all weigh in favour of the applicant, but were not available to the Minister when making his original decision.
Moreover, the AAT is not bound by the rules of evidence , apparent when the SM directly questioned the applicant regarding the frequency of his family visits in prison and his bond with his nieces and nephews. The respondent indicated that the information should not be permitted since it went beyond the witness’ written and oral statement. Nonetheless, the SM clarified that as long as the evidence is relevant and not prejudiced, certain weight can be given to it. Hence, the AAT comes to the correct of preferable decision by considering a myriad of relevant factors.

III THE COMPETING NATURE OF THE OBJECTS
The AAT’s greater capability to gather and ascertain facts compared to the original decision maker reflects a commitment to provide a review process that is fair and just. On the other hand, in carrying out its function of collecting facts, the AAT demonstrates a manner that is economical, informal and quick. This is evident through the process of hearing witness statements over the telephone during the hearing, which is allowed at the AAT’s discretion . As the witness lives in Brisbane, this option is cost and time effective. It also encourages the witness to provide their statement, as they may otherwise be too nervous or uncomfortable on stand in a formal court procedure. Informality is further evidenced when the SM was prepared to rely on the written statement of the witness, even though it was not dated or signed.
However, the objects can be in direct competition with one another, and there is a quandary for tribunal members to decide which should take precedence. For example, when a second witness failed to pick up the phone call from the tribunal to provide her statement, the SM indicated that there could not be an adjournment. This sacrifices potentially useful information for time efficiency. On the other hand, the SM recognises a disparity in knowledge of legal processes and terms between the self-represented applicant and the respondent. Thus she often interrupts proceedings to explain and clarify issues raised, as well as talking the applicant through the procedures. This prolongs the case, but ensures a fair understanding between both parties.
Hence the tribunal member must decide how the case proceeds to reach a correct or preferable result. Legislation confers this discretion by omitting which of the objects should take preference, and reinforces the flexibility of the tribunal in dealing with each individual case.

IV RECONCILING THE COMPETING OBJECTS
Despite the contradictory nature of the objects, the tribunal aims to reconcile the objects in some respects. The SM’s use of colloquial language when addressing the applicant demonstrates how she reconciles informality with fairness; “this is where we are sorta getting to the ending. You need to prepare what you want to tell us because you get the last say.” She simplifies technical jargon to accommodate the layman-applicant, serving to confer equality of treatment to the unrepresented applicant.
Furthermore, the process of the cross-examination ensures that evidence is given fair weight. An inaccurate testimony was given in order to better reflect the applicant’s behaviour, however, this was exposed when the respondent cross-examined the witness through a series of peripheral questions. Thus even though information was gathered efficiently through over-the-phone statements, the tribunal affirmed the accuracy of the statements so as to give them proper weight when making a decision. The benefit of cross-examination is not available to the original decision maker, and certainly promotes fairness.

V CONCLUSION
Tusitala and Minister for Immigration and Citizenship reflects the ability of the tribunal to hear decisions by a government body and come to its own independent conclusion based on its merits. Despite having the same powers as the executive, the AAT considers more factors than the original decision maker by collecting new but relevant evidence, and hearing witness statements. The tribunal aims to provide a “fair, just, economical, informal and quick” system of review, but when the objects are competing, it has the flexibility to determine which should take precedence. Nevertheless, the AAT can reconcile the contradictory aims through its processes. Thus the AAT is an important avenue of review for individuals who seek redress of administrative decisions. APPENDIX Date 26 March 2013
Hearing Tusitala and Minister for Immigration and Citizenship
Regarding Review of Minister’s decision to cancel the applicant’s visa due to his substantial criminal record and repeat offending behaviour in Australia.

Similar Documents

Free Essay

Nothing Really

...DND ORDERS, DIRECTIVES, REGULATIONS, INSTRUCTIONS, & WEBSITES Websites, Manuals, and Links |1 Cdn Air Div Orders | |Air Command Orders | |Access to Information Act | |Alternative Dispute Resolution | |Assisting Officer Guide | |Canadian Forces Housing Agency | |CANAIRGENs | |CANFORGENs | |Casualty Admin Manual | |CBIs | |CDIOs | |CFAOs | |CFOOs | |CF Dress Regulations | |CF Leave Manual | |CFPAS | |CF TD Travel Instruction (CFTDTI) | |DAOD | |DCBA | |DGCB | |DGCFGA | |DGMC | |DHRIM Home Page | |Directorate of Honours...

Words: 2041 - Pages: 9

Free Essay

Irrationality Should Be Still in Use

...© Andrew Le Sueur 2004, a.lesueur@bham.ac.uk The rise and ruin of unreasonableness? Andrew Le Sueur Barber Professor of Jurisprudence, The University of Birmingham 1. Introduction Lest we forget what was actually said in 1948, Lord Greene stated:[1] It is true to say that, if a decision on a competent matter is so unreasonable that no reasonable authority could ever have come to it, then the courts can interfere. That, I think, is quite right; but to prove a case of that kind would require something overwhelming … It is not what the court considers unreasonable, a different thing altogether. If it is what the court considers unreasonable, the court may very well have different views to that of a local authority on matters of high public policy of this kind. Some courts might think that no children ought to be admitted on Sundays at all, some courts might think the reverse, and all over the country I have no doubt on a thing of that sort honest and sincere people hold different views. The effect of the legislation is not to set up the court as an arbiter of the correctness of one view over another. It is the local authority that are set in that position and, provided they act, as they have acted, within the four corners of their jurisdiction, this court, in my opinion, cannot interfere.  Put like this, unreasonableness as a ground of review is a straightforward concept, based on sound constitutional principles and a useful longstop...

Words: 14291 - Pages: 58

Premium Essay

Admin Law

...or correctly exercised that power by adherence to procedures they were required to follow 2. MERITS REVIEW An independent or impartial reconsideration of all aspects of a decision by a public authority or official, the review body notionally “standing in the shoes” of the original decision maker and determining what is the correct or preferable decision 3. FREEDOM OF INFORMATION Provides the public at large with rights of access to government held information 4. OMBUDSMAN REVIEW Independent investigation of complaints about incorrect or unjust executive actions by public bodies or officials particularly in other circumstances where remedies are unavailable or unsuitable IF QUESTION INVOLVES ANY OF THESE IT IS A FEDERAL TRIBUNAL ISSUE • • • • • Immigration Social Security Tax Customs and Excise Native title IF QUESTION INVOLVES THESE IT IS STATE • • • • • Land and resources management Occupational and business regulation Local government Prisons Education JUDICIAL REVIEW • Judicial review is the means by which courts determine whether or not administrative bodies and officials have properly respected the boundaries of the powers and functions formally assigned to them • Judicial review CANNOT correct or re-evaluate any mater of FACT Minister for Immigration and Multicultural Affairs; Ex Parte Applicant s20/2002 • A court does not substitute its own decision for that of the administrator, it sets limits on the exercise of...

Words: 32688 - Pages: 131

Premium Essay

Library Automation

...The World Bank was created at the 1944 Bretton Woods Conference, along with three other institutions, including the International Monetary Fund (IMF). The World Bank and the IMF are both based in Washington DC, and work closely with each other. Although many countries were represented at the Bretton Woods Conference, the United States and United Kingdom were the most powerful in attendance and dominated the negotiations.[7]:52-54 Traditionally, the World Bank has been headed by a citizen of the United States, while the IMF has been led by a European citizen. 1944–1968 Before 1968, the reconstruction and development loans provided by the World Bank were relatively small. The Bank's staff was aware of the need to instill confidence in the bank. Fiscal conservatism ruled, and loan applications had to meet strict criteria.[7]:56-60 The first country to receive a World Bank loan was France. The Bank's president at the time, John McCloy, chose France over two other applicans, Poland and Chile. The loan was for US$250 million, half the amount requested, and it came with strict conditions. France had to agree to produce a balanced budget and give priority of debt repayment to the World Bank over other governments. World Bank staff closely monitored the use of the funds to ensure that the French government met the conditions. In addition, before the loan was approved, the United States State Department told the French government that its members associated with the Communist Party would...

Words: 1540 - Pages: 7

Premium Essay

Human Resources

...and Employment Act 2015 8. Draft Regulations 9. Opposition proposals prior to the 2015 General Election 10. Scottish Affairs Committee report 11. Comment www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | papers@parliament.uk | @commonslibrary Number 06553, 10 November 2015 Contents Summary 3 1. Introduction 4 2. 2.1 The prevalence of zero-hours contracts Number of people employed Estimates from the Labour Force Survey Estimates from other sources Prevalence by business size and sector Health and social care sector Further and higher education sector Characteristics of people on employed on zero-hours contracts 5 5 5 6 6 7 8 8 2.2 2.3 3. 3.1 The legal implications of zero-hours contracts Zero-hours contracts and employment status The reality of the agreement 10 10 11 4. Zero-hours contracts and jobseeker benefits 13 5. Coalition Government review of zero-hours contracts 14 6. 6.1 6.2 Coalition Government consultations Consultation outcome: banning exclusivity clauses Consultation on banning exclusivity clauses 16 16 17 7. Small Business, Enterprise and Employment Act 2015 18 8. Draft Regulations 19 9. 9.1 9.2 9.3 Opposition proposals prior to the 2015 General Election The Pickavance Report Private Members’ Bill Labour Party Manifesto 2015 20 20 21 21 10. Scottish Affairs Committee report 22 11. Comment 23 Cover page image copyright: Calculator and money – no attribution necessary 2 3 Zero-hours contracts Summary...

Words: 9450 - Pages: 38

Premium Essay

Business Paper

...1. Introduction: “Administrative and judicial remedies” is a legal concept with immense practical importance in the ABS negotiations. The existence of effective legal remedies in the user country is the primary means by which all ABS parties (especially source countries and other providers) obtain certainty about their rights and how they will be protected and applied. The CBD’s provisions and the ABS regime negotiations have created certain concepts (new sovereign legal rights) and all CBD parties have committed to adopt legislative and administrative measures to recognise and apply those concepts. Legal remedies are the tools for ensuring that these commitments and their underlying objectives are achieved in practice. The proper relationship between the judiciary and the quasi judicial administrative agency is a topic of continuing controversy in administrative law. One of the most significant and puzzling problems which has arisen in this area is the timing of judicial intervention in the administrative process-at what point and to what extent may the court give relief to a party aggrieved by administrative action. Universally applied, the doctrine of exhaustion of administrative remedies precludes an applicant from challenging the validity of administrative actions prior to seeking relief via prescribed administrative procedures. The law of ‘remedies’ is not usually sectorally specialised. In nearly all countries, “administrative and judicial remedies” are provided in...

Words: 3612 - Pages: 15

Free Essay

Oscola

...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....

Words: 18564 - Pages: 75

Premium Essay

Definition of the Concept Just Administrative Action

...1. INTRODUCTION In the past, the Government easily violated human rights. There were no stringent mechanisms to control decisions and actions of the government, as a result of this, abuse of power and violation of human rights occurred regularly. The courts were also reluctant to review these powers because, they were restricted by rules, for example there was a rule that judicial control does not extend to government’s policy decisions, another rule was that a reviewing court may not substitute it’s opinion for that of the administrative body, unless the official has acted mala fide or in bad faith. This is supported by case of Shidiack v Union Government , where it was held that, if the administrative organ has duly and honestly applied himself to the question which has been left to his discretion, it is impossible for the court of law either to make him change his mind or to substitute it’s conclusion for his own. It is true that for any government to function effectively, it must be bestowed with discretionary powers, discretionary powers involves the exercise of a choice between two or more options on the part of the decision maker. The exercise of these discretionary powers must be checked and controlled by other branches of government, but this was not the case in South Africa. In the past the only manner in which those powers could be controlled was common law basis, but as a result of a narrowly defined grounds of judicial review of government action...

Words: 12230 - Pages: 49

Premium Essay

Tata Motors Project

...Summer Project Report on “Market Research and Route Mapping for Tata Iris and Venture” Submitted in partial fulfillment of PGDM program 2013-15 [pic] Submitted by Name: Tapan Sharma Roll Number: 27 Company Guide Faculty Mr. Ankur Aggarwal Dr. Girish Kathuria Territory Sales Manager -SCVP Professor Tata Motors Ltd EMPI BUSINESS SCHOOL New Delhi ACKNOWLEDGEMENT I express my sincere gratitude to my industry guide Mr. Ankur Aggarwal, Territory sales Manager-SCVP, Tata Motors ltd, for his able guidance, continuous support and cooperation throughout my project, without which the present work would not have been possible. I would also like to thank the DSE and DSM of Automobile Sterling, Ashok Ojha , Mr. Harish Sharda, for the constant support and help in the successful completion of my project. Also, I am thankful to my faculty guide Prof./Dr./ Girish Kathuria of my institute, for his continued guidance and invaluable encouragement. Tapan Sharma INDEX |s.no |chapters |page no. | |1 |EXECUTIVE SUMMARY ...

Words: 8490 - Pages: 34

Premium Essay

Jury System in the Uk

...Introduction “Trial by jury is… the lamp that shows that freedom lives” and that “each jury is a little parliament”. - Patrick (later Lord) Devlin. Jury system has survived in our country for almost 10 centuries. The core values, representativeness, resides in the ability made available for ordinary citizens to plays an important participatory role in the criminal process. It is generally accepted that the jury of ’12 good men and true’ lies at the heart of the British legal system. However, the misconduct in jury has become a vital issue as people starting to lose confidence with it. The importance of jury system Redmayne, a professor of law, said that it is arguably that twelve randomly selected individuals produce a broader range of experience and expertise than one single judge. Based on this, it is also arguable that jury trial will produce a fairer outcome than single judge as people cannot completely sure that judges will treat every single cases at a completely fair manner. ‘Fairness’ is what all the people demand, which is why we have jury trial and which survive for such a long time, but the precondition of jury trial is that it must provide an impartial trial. Jury trial holds public confidence as people assume that jury trial will bring a fair procedures and will produce fair outcomes. ‘Trust in the jury’ is very important as it is the strongest support that keep the jury system works and which is secured by the fact that it applies...

Words: 3653 - Pages: 15

Premium Essay

Assess the Efficacy of the Constitutional Provisions and the New Framework Legislation on Agriculture in the Attainment of the Ideals of Kenya’s Vision 2030.

...AGRICULTURAL LAW AEC304 CONVENOR – Felix Odimmasi OBJECTIVES OF THE COURSE The course is intended to help the student to explore the legal environment of Agricultural Law by providing a comprehensive survey of the development and regulation of legislation and doctrines which affect the development of Agriculture as a distinct driver of the economy in Kenya. CONDUCT OF THE COURSE The course shall consist of both coursework and examination. The coursework will be in the form of a researched seminar presentation, a term paper and a continuous assessment test each constituting 10% of the final mark, thus a total of 30% of the total mark. The exam will constitute the remaining 70%. COURSE CONTENT | |TOPIC |WEEK |COMMENT | |1 |Nature and sources of Kenyan Law | | | | |Definition and Classification of Law | | | | |Sources of Law | | | | |Law making processes | | | | |Administration of the Law ...

Words: 46643 - Pages: 187

Free Essay

The Implication of Ppp on Ptm

... The Treasury Select Committee1 led the way, with its hearings into the collapse of Northern Rock exposing serious deficiencies in supervision and risk management.2 In October 2008, the Chancellor of the Exchequer asked Lord Turner, the newly appointed chairman of the FSA, to review the causes of the crisis and to make recommendations on the changes in regulation and supervisory approach needed to create a more robust banking system for the future. The Turner Review3, published in March 2009, made a 1 The Treasury Select Committee is a Parliamentary (House of Commons) committee that scrutinises the activity of the regulatory authorities in the UK. 2 See House of Commons Treasury Committee, The Run on the Rock HC 56-1 (Fifth Report of Session 2007-08). 3 FSA, ‘The Turner Review, A regulatory response to the global banking crisis’ (March 2009) at http://www.fsa.gov.uk/Pages/Library/Corporate/turner/index.shtml. See also the FSA publication that accompanied the Turner Review: FSA Discussion Paper 09/2 ‘A regulatory response to the global banking crisis’ (March 2009) at http://www.fsa.gov.uk/pubs/discussion/dp09_02.pdf. For a more detailed discussion of both see I MacNeil ‘The Trajectory of Regulatory Reform in the UK in the Wake of the Financial Crisis’, 11(4) European...

Words: 25821 - Pages: 104

Free Essay

Admin Law Outline

...Unit I - The Uneasy Constitutional Location of Agencies in the Executive Branch Unit One in a nutshell: Types of Agencies: - Departments - Independent (article I courts) - Other (mistretta, sentencing guideline commission, etc.) Presidential power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute...

Words: 9822 - Pages: 40

Premium Essay

Consumer Buying Behaviour in Fairnesscreem

...| ------------------------------------------------- Top of Form | | | | Language | | | | ------------------------------------------------- Top of Form |   Bottom of Form |    | | | | | * Tenders * Downloads * Income Tax Returns * Wealth Tax Return * Forms * Challans * International Taxation * Non Residents * Foreign Companies * Advance Rulings * Transfer Pricing * DTAA * Comprehensive agreements * Limited agreements * Other Agreements * Tax Information Exchange Agreement (TIEA) * Witholding Tax * Tax Law and Rules * Acts * Income Tax Act * Wealth Tax Act * Gift Tax Act * Expenditure Tax Act * Interest Tax Act * Finance Acts * Rules * Income Tax Rules * Wealth Tax Rules * Gift Tax Rules * Expenditure Tax Rules * Interest Tax Rules * Advance Ruling * ITAT Rules * Settlement Commission Rules * Circulars * Notifications * About Us * History of Direct Taxation * Vision, Mission, Values * Organisation and Functions * CBDT * Directorate Generals * Administration * Legal & Research * Systems * Vigilance * NADT * Exemptions * HRD * International Taxation ...

Words: 12280 - Pages: 50

Premium Essay

Principles of Personal Responsibilities and Working in a Business Environment

...Unit one: Principles of personal responsibilities and working in a business environment Assessment You should use this file to complete your Assessment. * The first thing you need to do is save a copy of this document, either onto your computer or a disk * Then work through your Assessment, remembering to save your work regularly * When you’ve finished, print out a copy to keep for reference * Then, go to www.vision2learn.com and send your completed Assessment to your tutor via your My Study area – make sure it is clearly marked with your name, the course title and the Unit and Assessment number. Please note that this Assessment document has 8 pages and is made up of 7 Sections. ------------------------------------------------- Name: Gerald Newton Section 1 – Know the employment rights and responsibilities of the employee and employer 1. Identify four main points that would be included in a contract of employment. If possible, use an example contract to support your answer (feel free to obscure any confidential information). As I do not have a current contract of employment of my own I have downloaded a template of a contract and attached it at the end of this document as evidence 1. A. Names of both parties: Employer and Employee (Evidence 1 part one on form) B. Job Title and key responsibilities (Evidence 1 part 3a and 3b on form) C. Salary and any other benefits i.e. company car (Evidence 1 part 5 and 6 indicating when you...

Words: 10962 - Pages: 44