1.3.6 Litigation

Objectives

Description

This component supports ministerial and departmental decisions challenged in the courts and the AAT and keeps the minister and the departmental executive informed of progress. Where applicants challenge decisions, each case is reviewed before hearing to ensure the decision is defensible. Analysis and feedback on litigation decisions helps identify and minimise legal problems and improve effectiveness of departmental decision-making.

Timely reporting on litigation decisions contributes to the effective immigration processing of those people seeking to enter or remain in Australia.

Performance

Courts

During 2006-07 there were 3678 applications and appeals to the courts lodged against departmental or tribunal decisions compared to 3893 in 2005-06. There were 4186 matters resolved in the courts compared to 4841 in 2005-06. Of those matters decided at hearing 94 per cent were in favour of the minister compared with 94 per cent for the year 2005-06.

There were 1864 active cases before the courts at 30 June 2007 compared to 2373 active cases before the courts as at 30 June 2006.

Administrative Appeals Tribunal

During 2006-07 there were 381 applications to the AAT lodged against departmental or tribunal decisions compared to 294 for the year 2005-06. There were 314 matters resolved in the AAT compared to 443 for the year 2005-06. Of those matters decided at hearing, 66 per cent were in favour of the minister compared with 73 per cent for the year 2005-06. There were 211 active cases before the AAT as at 30 June 2007. This compares with 145 active cases before the tribunal at 30 June 2006.

Table 47: Litigation – performance information

Measures

Results

2004-05

2005-06

2006-07

Quantity

5 000 matters resolved.

     5 340

     5 284

     4 500

Quality

70 per cent of defended matters in the courts, resolved in the minister's favour.

95

94

94

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