DIMIA Annual Report 2001-02
1.3.6 Litigation
Objective
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to clarify, defend and promote migration and citizenship law and legal policy in the Courts and the Administrative Appeals Tribunal (AAT)
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to improve effectiveness of departmental decision making through analysis and feedback of Court and AAT decisions
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to enhance efficacy and integrity of the government's migration and citizenship legal policy framework.
Description
Outcomes are measured by the extent to which:
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matters are resolved in the Minister's favour
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more than 90 per cent of timetables and directions imposed by the Courts are met and the further 10 per cent are met within the extension period agreed by the court.
Key results
Courts
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2,597 applications and appeals to the Courts were lodged against department or tribunal decisions
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15 matters were lodged in state or territory Courts in which the Commonwealth, the Minister, the department or departmental employees were parties
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1,899 matters were resolved in the Courts. These include:
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1,048 cases in favour of the Minister
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183 Ministerial withdrawals
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111 cases in favour of the applicant
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533 applicant withdrawals
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3 remittals in full
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21 proceedings administratively consolidated
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there were 1,079 active cases before the Courts at 30 June 2002.
Administrative Appeals Tribunal
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415 applications to the AAT were lodged against departmental or tribunal decisions
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351 matters were resolved in the AAT. These include:
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95 matters where the decision under review was affirmed
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80 departmental withdrawals
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78 matters where the decision under review was set aside
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98 applicant withdrawals
there were 328 active cases before the AAT at 30 June 2002.
OUTPUT 1.4 SAFE HAVEN
Objective
To provide temporary safe haven in Australia for people displaced by upheaval in their country.
Description
This output provides temporary safe haven in Australia for people displaced by upheaval in their countries whom the government decides can be most appropriately assisted by temporary haven in Australia.
At 30 June 2002, there were 23 people on Safe Haven visas.
While the majority of people who came to Australia in 1999 under the Safe Haven arrangements have returned to their home countries, 165 people (157 Kosovars and eight East Timorese) have been allowed to remain in Australia temporarily to enable them to undergo medical treatment and psychological counselling, under the Temporary (Humanitarian Concern) class, subclass 786, of the Humanitarian program.
Key results
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Twenty three people held Safe Haven visas.