| Act, the |
The Migration Act 1958 (the Act) is the principal legislation which establishes the Tribunals and sets out their functions, powers and procedures. |
| affirm |
To ratify the decision under review - the original decision remains unchanged and in force. |
| applicant |
The applicant for review. |
| APS |
The Australian Public Service. |
| asylum seeker |
An asylum seeker is a person who has left their country of origin, has applied for recognition as a refugee in another country and is awaiting a decision on their application. |
| AustLII |
The Australasian Legal Information Institute publishes a website that provides free on-line access to Australian legal materials, including published MRT and RRT decisions. |
| authorised recipient |
A person authorised by an applicant to do things on behalf of the applicant that consist of, or include, receiving documents in connection with a review. |
| CaseMate |
CaseMate is the Tribunals’ case management system. |
| Department, the |
The Department of Immigration and Citizenship (the Department or DIAC). |
| Deputy Principal Member |
The Deputy Principal member assists the Principal Member in relation to the operations of the RRT. |
| DIAC |
The Department of Immigration and Citizenship (DIAC). |
| hearing |
An appearance by a person before either the MRT or the RRT. The appearance may be in person, or by video or telephone link. |
| IRT |
The Immigration Review Tribunal. The IRT operated between 1989 and 1999. It was replaced by the MRT. |
| jurisdiction |
Jurisdiction defines the scope of the Tribunals’ power to review decisions. |
| MARA |
The Migration Agents Registration Authority undertakes the role of regulator to the migration advice industry. It is responsible for registration, complaints, professional standards, education and training for migration agents. |
| Member |
The Tribunals comprise Members. Members are constituted as the MRT or the RRT for the purposes of a particular review. |
| merits review |
Merits review is the administrative reconsideration of a decision. |
| migration agent |
A migration agent is someone who uses knowledge of migration procedures to offer advice or assistance to a person wishing to obtain a visa to enter or remain in Australia. A migration agent operating in Australia is required by law to be registered with the MARA. |
| Minister, the |
The Minister for Immigration and Citizenship. |
| MOU |
Memorandum of Understanding. |
| MRT |
The Migration Review Tribunal. |
| OH&S |
Occupational health and safety. |
| PMD |
Principal Member Direction. |
| primary decision |
A primary decision is the decision subject to review by either the MRT or the RRT. |
| Principal Member |
The Principal Member is the executive officer of the Tribunals and is responsible for the Tribunals’ overall operations and administration; ensuring that their operations are fair, just, economical, informal and quick as practicable. |
| Principal Registry |
The Principal Registry is the Tribunals’ national office. |
| protection visas |
Protection visas are a class of visas a criterion for which is that the applicant for the visa is a non-citizen in Australia yo whom Australia has protection obligations under the Refugees Convention. |
| refoulement |
The return by a state of an individual to the territory of another state in which he or she may be persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. |
| Refugees Convention |
The 1951 Convention Relating to the Status of Refugees, as amended by the 1967 Protocol Relating to the Status of Refugees. |
| Registrar |
The Registrar of the Tribunals assists the Principal Member with the administrative management of the Tribunals. |
| Registry |
A registry is a Tribunal office. |
| Regulations, the |
The Migration Regulations 1994, unless otherwise indicated. |
| remit |
To send the matter back for reconsideration. A Tribunal may remit an application for a visa to DIAC for reconsideration, on the basis that the visa applicants meets certain crieria, or that the visa applicant is a refugee. DIAC may need to arrange a health assessment or assess other criteria before a visa can be granted. |
| representative |
A representative is someone who can forward written submissions and written evidence to the Tribunals, contact the Tribunals on the applicant’s behalf, and accompany the applicant to any hearing arranged by the Tribunals. With very limited exceptions, a representative must be a registered migration agent. |
| review applicant |
A review applicant is a person who has made an application for review. |
| reviewable decision |
Decision which can be reviewed by either the MRT or the RRT are defined in the Act and the Regulations. |
| RRT |
The Refugee Review Tribunal. |
| Senior Member |
Senior Members assist the Principal Member. They provide guidance to and are responsible for Members within each of the registries. |
| set aside |
To revoke the decision under review. A Tribunal sets aside a decision when it decides that the primary decision should be changed. The Tribunal may substitute a new decision in place of the primary decision. |
| Statement of Expectations |
The Statement of Expectations is a formal and public statement of the Government’s expectations in relation to the operations of the Tribunals. |
| Statement of Intent |
The Statement of Intent sets out how the Tribunals will meet the expectations of the Government and the Minister. |
| visa applicant |
A visa applicant is a person who has made a visa application. |