The purpose of this assignment is to demonstrate my understanding of the lesson material, group discussion, the weekly online forum and most significantly, use the knowledge obtained to influence my future practice as a migration agent.
The Tribunal of Appeals against decisions taken under the law governing Administration (hereinafter called ‘the Tribunal’) was established with the aim of studying and adjudicating on as well as reviewing migration applications. However, multiple sections are included within the Migration Act which provide for guidelines to handle varied kinds of application analysis.
Every review in the AAT is not necessarily required to be subject to the same procedure under law, therefore it is a foremost requisite to recognize if an appraisal is a possibility in the first place.
Migration applications to the Tribunal are segregated into the following categorizations or divisions dealing with:
Freedom to obtain data
Immigration and Persons in exile
Country-wide assurance policy for differently-abled persons
Community welfare services & support for the younger demographic
Tax and commerce
War veterans’ petitions
The category which handles matters concerning refugees and migrants additionally shoulders the burden of the former forum for migration review (MRT) as well as the forum for review of refugee applications (RRT) cases.
The matters concerning residency appeals fall under the aforementioned general division of the Tribunal, which are an entirely different compartment. The clause concerned with reviewable decisions is under the sole authority of the authority for migration petitions.
Appraisal on core issues under the migration Act 1958, provides what maybe realistically the only other opportunity afforded to a juristic entity qualified as a person to represent their side of the facts, akin to another occasion for the presentation of novel proofs and notions before the Tribunal for their application.
I have learned that, access to the ministerial intervention powers in s351 or s417 depends upon a decision of the Tribunal. That means, without a valid review, you cannot seek to make a request to the Minister under s351 or s417.
The Tribunal is a forum which fulfils its role of providing people with another attempt at securing an unsupported review as regards the organizational choices finalized under the national regulations of Australia.
I have learnt about vital indicators, such as pronouncement, time-line for appraisal, and the place where, as well as the procedure for filing an application, which aid in confirming whether an appraisal case was appropriately presented before the Tribunal.
For registering a lawful petition, the petitioner has to ensure he uses the official form, that the petition is submitted before the termination of the statutory time-limit as well as ensuring, simultaneously, the inclusion of the requisite process fee (see S. 412).
The maximum time counted from the date of notification is as such:
In case the petitioner is detained, then within 7 working days (see Regulation 4.31(2) (a))
In all other situations, in a majority of the cases, the prescribed frame extends to 21 calendar days (see Regulation 4.31(2) (b))
I have learnt that as per Regulation 4.31B, the requisite fee on an appeal becomes payable only on the pre-condition that the appeal results in a failed action. However, where the Tribunal’s adjudication is subsequently overruled by another Court or alternately the Minister intrudes on basis of legislation provided either by S.351 or S.417, the aforementioned fee can be sought a refund of, where payment of the same has been completed (see S.431C)
The Tribunal is obligated to operate in a fair, just and transparent way. Some of the examples of procedural fairness include inviting all parties involved in a dispute to provide information, inviting all parties to appear for hearing, allowing all parties to comment of evidence provided by the other party, the right to call witnesses, flexibility as to giving the information and appearing on the hearing, i.e. using a telephone or other communication means.
From the lecture material, Section 359C refers to the inability to provide requisite material or alternately, submit a reply to a summons on paper. I have learned that if an applicant:
Is summoned through a written direction for summoning under S. 359 for providing certain data, or
Is unable to provide the knowledge sought prior to the extinguishing of the permitted time-frame
The Tribunal is empowered to arrive at a judgement as regards the appraisal and is not bound by any legislation to attempt the gaining of the said data.
Through the medium of this segment I understood the significance of guidelines relating to legal practice for a solicitor during the fact appraisal. I have learnt from the study material that an individual can be recognized as defenseless, or vulnerable during any phase of the appraisal procedure. Nonetheless, the Tribunal remains free from the effects of the rules of evidence. Still, members are free to think through the rules of evidence set out in the Evidence Act, 1995 during their deliberations over the fitness of a person who they deem to be defenseless
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