Jana Stewart (Victoria, Australian Labor Party) Share this | Hansard source

we are determined to make the tribunal more efficient and fairer for all.

The tribunal, in its current form, began operating in October 2024. By bringing in a sustainable funding model and merit based appointments, we have strengthened the tribunal's integrity. However, what is clear from all accounts is that the current model is far from perfect. We are not shying away from that. There are significant operational issues that are hindering the efficiency of the tribunal. We know that the current procedures are not flexible enough. We know that there are significant delays and backlogs. Applicants are left in limbo for months and even years, waiting for what should be a quick merits review. This bill will change that.

The tribunal currently requires oral hearings in most circumstances, even for simple matters which could be resolved through written submissions. That does not reflect the actual needs of matters before the tribunal. This bill would ensure that merits review is proportionate and has been informed by recommendations from Christine Nixon's Rapid review into the exploitation of Australia's visa system. This bill will expand the tribunal's ability to make decisions 'on the papers', which means without conducting an oral hearing, in appropriate cases. That is what this bill is all about—allowing the tribunal to adapt to the circumstances, where appropriate.

This supports the government's commitment to ensuring the tribunal has the tools that it needs to deliver effective and efficient merits review and address its significant case load of applicants for review. These measures are appropriate and reasonable given the low volume and complexity of relevant materials. The tribunal would be required to seek submissions from applicants, and it must consider those submissions before coming to its decision.

It is also important to note that the bill specifically excludes permanent and protection visa matters. This is because these matters generally include more complex information and, in the case of protection visa applications, a more vulnerable cohort of applicants. We have been listening to feedback from genuine applicants and understand how stressful long waiting times and uncertainty can be for them. These delays reduce their access to justice, and the case overload means they are sometimes waiting months or years for a decision. That isn't fair or reasonable. This bill would reduce the backlog at the tribunal stage and allow those genuine applicants to know the outcome of their review faster.

But we also acknowledge that, as a government, we have the important task of protecting our nation's migration system. We want to ensure that non-genuine applicants aren't given a chance to exploit our merits review system to prolong their stay. We know that onshore applicants seeking review of a decision to refuse the granting of certain visas are entitled to stay in Australia on a bridging visa for the duration of the merits review process. We need to be pragmatic about the risks of this nuance of the merits review process and take action to prevent non-genuine applicants from gaming the system. This bill will remove that incentive and safeguard the integrity of merits review. Increased efficiency does not mean that we'll disregard quality decision-making, and we must strike a balance between the two. The decisions made at the tribunal have a real-life impact on those people who come before it. The Albanese government recognises that not every review is the same. That is why the tribunal should be empowered to provide a meaningful opportunity for review in a way that is appropriate to the circumstances of the matter. The time and resources expended to determine a matter should always reflect the complexity of the issues and the importance of what is at stake.

Let me be clear: nothing in this bill will stop an applicant from putting forward a full and forthright case to the tribunal. The Albanese government is committed to merits review and to maintaining public trust in the tribunal. Merits review is absolutely a critical part of our legal system, and that is not changing. But it should also be proportionate. The tribunal has a crucial role to play in enabling fair, quick and inexpensive reviews of government decisions. This bill will help adapt the tribunal's procedures, which are no longer fit for purpose, in a way that is best suited to the matters and issues that come before the tribunal.

This bill is bringing in balanced and targeted measures to ensure that the tribunal has the tools that it needs to manage its case load efficiently and fairly. While we further empower the tribunal to make efficient and timely decisions, we also ensure applicants have a meaningful opportunity to make their case to the tribunal. As the chair of the Legal and Constitutional Affairs Legislation Committee, and after hearing submissions and expert evidence, I strongly support this bill.