Dear Minister,
We draw your attention to Migration Amendment Regulation 2011 (No 4) and call for this regulation to be disallowed. The regulation, made on 30 June 2011 and taking effect on 1 July 2011, introduces a serious financial barrier to access to justice for people who are experiencing financial hardship.
In particular, it reduces access to merits review of Department of Immigration & Citizenship (DIAC) decisions to refuse or cancel a visa. Such decisions have a major impact upon the lives of the individuals concerned (whether a visa applicant, visa holder, or their Australian sponsor). An opportunity for merits review of such decisions is fundamental to ensuring that justice is done, and seen to be done.
Furthermore, this reduction in access to merits review, for people facing severe financial hardship, is not compatible with the Strategic Framework for Access to Justice in the Federal Civil Justice System, commissioned and adopted by the Government in 2009.
What does the Migration Amendment Regulation 2011 (No 4) do?
Until 1 July, the Migration Review Tribunal (MRT) had the power to waive the application fee for merits review, if satisfied that "payment of the fee has caused, or it likely to cause, severe financial hardship to the review applicant".
From 1 July, this power has been removed by Migration Amendment Regulation 2011 (No 4). As a result of this regulation the MRT can only reduce the fee by 50% if satisfied that the payment of $1540 would cause severe financial hardship to the review applicant. The person facing severe financial hardship still has to pay $770 to access merits review.
Without the fee, the application will be invalid. This amendment will result in a significant number of vulnerable people being unable to access merits review, as they cannot raise the $770.3
Who does the abolition of MRT fee waivers affect?
The abolition of fee waivers will adversely affect people experiencing financial hardship, who wish to seek review of those DIAC decisions that can be reviewed by the MRT.
The MRT has power to review decisions relating to a wide range of visas, including family category visas (child visas, partner visas, carer visas etc); visitor visas; some economic category visas; onshore student visas; bridging visas etc.
The inability to waive the MRT fee will adversely affect Australian citizens and permanent residents, as well as people trying to obtain or retain a variety of permanent and temporary visas. It will no doubt affect some of your constituents.
For example, it will affect:
1) People who have come to Australia on temporary partner visas, who have ended the relationship with their Australian partner / sponsor, having suffered from domestic violence. 2) Australian citizens or permanent residents with serious medical conditions / disabilities, and in need of care, who are trying to sponsor a relative for a Carer visa.
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