Administrative Review Council Inquiry on Migration
Key Issue 3 – Fairness in review
The ART reforms have revised how the ART considers common law and natural justice principles in relation to migration and protection reviews. It may also shape how fairness is experienced within the review process, through applying a procedure developed to manage the business needs of a large and complex caseload of applications.
The Council seeks views and information about the experience of applicants, representatives and members of the ART with the streamlined exhaustive statement of natural justice hearing rule. In particular, the Council seeks to understand whether the simplified statement has better supported the Tribunal to provide a fair hearing for migration and protection applications and has improved fairness in review for individuals. The Council also seeks views on the experience of applicants and whether amendments to access to documents has improved fairness in review and right to a fair hearing at the ART.
This is discussed further under Key Issue 3 in the Issues Paper.