Outcomes of decisions made by Members of the AAT
Dear Administrative Appeals Tribunal,
Eight categories, and respective subcategories, of information are sought, as follows:
Decisions made by Ms Kira Raif:
1. Category 1: The total number of cases finalised by Ms Kira Raif in the Migration and Refugee Division of the Administrative Appeals Tribunal, for each calendar year starting from the year when her first case was finalised.
a. Subcategory of Category 1: Out of the number in Category 1, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
2. Category 2: The total number of cases finalised by Ms Kira Raif in the General Division of the Administrative Appeals Tribunal where what was reviewed were decisions made under Part 9 of the Migration Act 1958 (Cth), for each calendar year starting from the year when her first case was finalised.
a. Subcategory of Category 2: Out of the number in Category 2, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
3. Category 3: The total number of cases finalised by Ms Kira Raif in the Migration Review Tribunal, for each calendar year starting from the year when her first case was finalised.
a. Subcategory of Category 3: Out of the number in Category 3, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
4. Category 4: The total number of cases finalised by Ms Kira Raif in the Refugee Review Tribunal, for each calendar year starting from the year when her first case was finalised.
a. Subcategory of Category 4: Out of the number in Category 4, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
Decisions made by decision-makers other than Ms Kira Raif:
5. Category 5: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Migration and Refugee Division of the Administrative Appeals Tribunal, for each calendar year contemplated by Category 1.
a. Subcategory of Category 5: Out of the number in Category 5, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
6. Category 6: The total number of cases finalised by decision-makers other than Ms Kira Raif in the General Division of the Administrative Appeals Tribunal where what was reviewed were decisions made under Part 9 of the Migration Act 1958 (Cth), for each calendar year contemplated by Category 2.
a. Subcategory of Category 6: Out of the number in Category 6, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
7. Category 7: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Migration Review Tribunal, for each calendar year contemplated by Category 3.
a. Subcategory of Category 7: Out of the number in Category 7, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
8. Category 8: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Refugee Review Tribunal, for each calendar year contemplated by Category 4.
a. Subcategory of Category 8: Out of the number in Category 8, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
The FOI applicant further notes as follows:
a) The word “finalised” above:
o when used in categories 1 to 4, refers to cases finalised by Ms Raif where she was the only decision-maker (i.e. where the Tribunal in question was constituted only by Ms Raif), whether as a Member or Senior Member;
o refers to final/substantive (i.e. not procedural, such as whether to issue a subpoena or call a witness to give evidence) review decisions made;
o excludes decisions made under section 362B of the Migration Act 1958 (Cth);
o excludes decisions made under section 426A of the Migration Act 1958 (Cth);
o excludes decisions made under section 42A of the Administrative Appeals Tribunal Act 1975 (Cth);
o excludes cases finalised by reason of the respective review applications being withdrawn by the review applicant;
b) If, for example, Ms Raif made decisions from 2006 until 2023 (inclusive), the answers sought would be as follows, with the terms ‘A’, ‘AA’, ‘B’, ‘BB’ … ‘CC’ below representing the respective number of decisions:
o Category 1 (decisions in the Migration and Refugee Division of the Administrative Appeals Tribunal):
2006: A decisions
2007: B decisions
…
2023: C decisions
o Subcategory of Category 1:
2006: AA decisions
2007: BB decisions
…
2023: CC decisions
c) The same rationale discussed in item (b) above applies to categories 2 to 8 and their respective subcategories.
d) The ellipses used above do not indicate that the information is not sought for years 2008 to 2002 (inclusive). On the contrary, the information is sought for those years too.
Yours faithfully,
Siobhan
OFFICIAL
Dear Siobhan,
Please find attached a letter acknowledging your FOI request of 2 May
2023.
Kind regards,
Marta
Policy Officer
Administrative Appeals Tribunal
Principal Registry
Melbourne
[1]www.aat.gov.au
The Administrative Appeals Tribunal acknowledges the traditional owners
and custodians of country throughout Australia and acknowledges their
continuing connection to land, waters and community. We pay our respects
to the people, the cultures and elders past and present.
IMPORTANT:
Please refer to the AAT website for information about temporary changes in
place to respond to the impact of COVID-19 on services, including special
measures practice directions:
[2]http://www.aat.gov.au/impact-of-coronavi...
This message and any attachments may contain confidential or legally
privileged information. If the message was sent to you by mistake, please
delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.
References
Visible links
1. http://www.aat.gov.au/
2. http://www.aat.gov.au/impact-of-coronavi...
OFFICIAL
Dear Siobhan,
I refer to your FOI request below. I have been liaising with the AAT's Reporting team in regards to the request and it would assist us if you could clarify the scope of your request in relation to "Decisions made by decision-makers other than Ms Kira Raif". Are you requesting data pertaining to each individual member or data relating to the membership group as a whole (i.e. an average figure for each of the categories)?
If you are requesting the data for each individual member over such an extensive time period we may find that production of this data would unreasonably divert Tribunal resources as the manual labour that would be required for this would be significant.
Whilst a decision has not yet been reached, my preliminary investigations suggest that it would be feasible to produce documents containing the collective averages of member decision outcomes.
I would be grateful if you could respond as soon as possible so that work on your request can progress.
Please contact me at [AAT request email] if you have any questions.
Kind regards,
Marta M
Policy Officer
Administrative Appeals Tribunal
Principal Registry, Melbourne
Legal & Policy
-----Original Message-----
From: Caitlin <[FOI #10214 email]>
Sent: Tuesday, 2 May 2023 8:47 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Outcomes of decisions made by Members of the AAT
EXTERNAL EMAIL
"Do not click any links or open any attachments unless you trust the sender, are expecting this email and know the content is safe.”
Dear Administrative Appeals Tribunal,
Eight categories, and respective subcategories, of information are sought, as follows:
Decisions made by Ms Kira Raif:
1. Category 1: The total number of cases finalised by Ms Kira Raif in the Migration and Refugee Division of the Administrative Appeals Tribunal, for each calendar year starting from the year when her first case was finalised.
a. Subcategory of Category 1: Out of the number in Category 1, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
2. Category 2: The total number of cases finalised by Ms Kira Raif in the General Division of the Administrative Appeals Tribunal where what was reviewed were decisions made under Part 9 of the Migration Act 1958 (Cth), for each calendar year starting from the year when her first case was finalised.
a. Subcategory of Category 2: Out of the number in Category 2, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
3. Category 3: The total number of cases finalised by Ms Kira Raif in the Migration Review Tribunal, for each calendar year starting from the year when her first case was finalised.
a. Subcategory of Category 3: Out of the number in Category 3, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
4. Category 4: The total number of cases finalised by Ms Kira Raif in the Refugee Review Tribunal, for each calendar year starting from the year when her first case was finalised.
a. Subcategory of Category 4: Out of the number in Category 4, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
Decisions made by decision-makers other than Ms Kira Raif:
5. Category 5: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Migration and Refugee Division of the Administrative Appeals Tribunal, for each calendar year contemplated by Category 1.
a. Subcategory of Category 5: Out of the number in Category 5, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
6. Category 6: The total number of cases finalised by decision-makers other than Ms Kira Raif in the General Division of the Administrative Appeals Tribunal where what was reviewed were decisions made under Part 9 of the Migration Act 1958 (Cth), for each calendar year contemplated by Category 2.
a. Subcategory of Category 6: Out of the number in Category 6, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
7. Category 7: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Migration Review Tribunal, for each calendar year contemplated by Category 3.
a. Subcategory of Category 7: Out of the number in Category 7, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
8. Category 8: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Refugee Review Tribunal, for each calendar year contemplated by Category 4.
a. Subcategory of Category 8: Out of the number in Category 8, the total number of cases where the decisions under review were not affirmed, for each such calendar year.
The FOI applicant further notes as follows:
a) The word “finalised” above:
o when used in categories 1 to 4, refers to cases finalised by Ms Raif where she was the only decision-maker (i.e. where the Tribunal in question was constituted only by Ms Raif), whether as a Member or Senior Member;
o refers to final/substantive (i.e. not procedural, such as whether to issue a subpoena or call a witness to give evidence) review decisions made;
o excludes decisions made under section 362B of the Migration Act 1958 (Cth);
o excludes decisions made under section 426A of the Migration Act 1958 (Cth);
o excludes decisions made under section 42A of the Administrative Appeals Tribunal Act 1975 (Cth);
o excludes cases finalised by reason of the respective review applications being withdrawn by the review applicant;
b) If, for example, Ms Raif made decisions from 2006 until 2023 (inclusive), the answers sought would be as follows, with the terms ‘A’, ‘AA’, ‘B’, ‘BB’ … ‘CC’ below representing the respective number of decisions:
o Category 1 (decisions in the Migration and Refugee Division of the Administrative Appeals Tribunal):
2006: A decisions
2007: B decisions
…
2023: C decisions
o Subcategory of Category 1:
2006: AA decisions
2007: BB decisions
…
2023: CC decisions
c) The same rationale discussed in item (b) above applies to categories 2 to 8 and their respective subcategories.
d) The ellipses used above do not indicate that the information is not sought for years 2008 to 2002 (inclusive). On the contrary, the information is sought for those years too.
Yours faithfully,
Siobhan
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The Administrative Appeals Tribunal acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. We pay our respects to the people, the cultures and elders past and present.
IMPORTANT:
Please refer to the AAT website for information about temporary changes in place to respond to the impact of COVID-19 on services, including special measures practice directions: http://www.aat.gov.au/impact-of-coronavi...
This message and any attachments may contain confidential or legally privileged information. If the message was sent to you by mistake, please delete all copies and notify the AAT by return email. Any review, retransmission, dissemination or other use of this information by persons or entities other than the intended recipient is prohibited and may attract criminal penalties.
Dear Marta M,
Thanks for your email on 22 May 2023.
For "Decisions made by decision-makers other than Ms Kira Raif", we are seeking numbers for all other members collectively (rather than individual averages for each individual member).
I trust this clarifies our position but please let me know if you need any further information.
Yours sincerely,
Siobhan
OFFICIAL
Dear Siobhan,
Please find attached correspondence pertaining to your FOI request of 2
May 2023.
Sincerely,
Marta M
Policy Officer
Administrative Appeals Tribunal
Principal Registry, Melbourne
Legal & Policy
[1]www.aat.gov.au
The Administrative Appeals Tribunal acknowledges the traditional owners
and custodians of country throughout Australia and acknowledges their
continuing connection to land, waters and community. We pay our respects
to the people, the cultures and elders past and present.
IMPORTANT:
Please refer to the AAT website for information about temporary changes in
place to respond to the impact of COVID-19 on services, including special
measures practice directions:
[2]http://www.aat.gov.au/impact-of-coronavi...
This message and any attachments may contain confidential or legally
privileged information. If the message was sent to you by mistake, please
delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.
References
Visible links
1. http://www.aat.gov.au/
2. http://www.aat.gov.au/impact-of-coronavi...
OFFICIAL
Dear Siobhan,
Please find attached my FOI decision, along with the released document,
pertaining to your request of 2 May 2023.
Please contact [1][AAT request email] if you have any questions.
Sincerely,
Marta M
Policy Officer
Administrative Appeals Tribunal
Principal Registry, Melbourne
Legal & Policy
[2]www.aat.gov.au
The Administrative Appeals Tribunal acknowledges the traditional owners
and custodians of country throughout Australia and acknowledges their
continuing connection to land, waters and community. We pay our respects
to the people, the cultures and elders past and present.
IMPORTANT:
This message and any attachments may contain confidential or legally
privileged information. If the message was sent to you by mistake, please
delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.
References
Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/