Before anyone can call Australia home, they must first pass through the gates of the Immigration Assessment Authority (IAA). The Immigration Assessment Authority (IAA) is an independent body under the Migration Act that operates as a separate office within the Administrative Appeals Tribunal’s Migration and Refugee Division.
Overview of the IAA’s Role
The IAA’s responsibility is to expeditiously review judgments made by Department of Home Affairs (the Department) officers who are acting for the Minister of Immigration (the Minister). Moreover, the IAA only reviews decisions to refuse to grant protection visas to fast-track applicants. The IAA can either:
- Affirm the Minister’s decision not to grant a protection visa, or
- Remit the case to the DHA for further consideration because of certain reasons such as a finding that the application is a refugee.
Most reviews will take 6 weeks to complete. However, the time will still vary because each case is different and the length of a review will depend on various factors. Thus, there will be cases that will take more than 6 weeks to complete.
Steps in an IAA Review
Here’s a summary of the process in an IAA Review:
- Acknowledgment. The IAA will write to you to acknowledge the referral and to walk you through the procedure after the DHA refers your case to them.
- Review of information. The IAA will then take into account the Department’s information that was provided. In rare instances, they might obtain information or take your sent information into consideration.
- Decision. The IAA often decides on the papers without calling you in for an interview or requesting more information. In extremely rare instances, they might get in touch with you to ask you for other information or for your thoughts on specific pieces of new material. Moreover, the IAA will evaluate your claims independently.
- Notification. Once the IAA makes a decision, the IAA will notify you and provide you with the reasons for the decision.
Sections 473JA up to 473JF of the Migration Act 1958 govern the composition, the roles of each officer, and other rules related to the IAA.
Section 473JA: The Immigration Assessment Authority
The Immigration Assessment Authority, as provided under section 473JA, is established within the Migration and Refugee Division of the Tribunal. The IAA consists of the following persons:
- the President;
- the Division head;
- the Senior Reviewer and other Reviewers.
The President, the Division head, the Senior Reviewer, and the other Reviewers can exercise the powers, and perform the functions of the IAA vested under this Act.
Section 473JB: Administrative Arrangements
As to the administrative arrangements, section 473JB states that the President and the Division head are responsible for the overall operation and administration of the Immigration Assessment Authority and, for that purpose, either of them may issue directions or determine policies.
If the President has a power or responsibility under this Act, either the President or the Division head may exercise that authority or fulfill that responsibility. For example, the Division head may exercise the President’s power to make a direction under section 473FC (Guidance decisions).
S473FC sets out the rules on how guidance decisions may be made:
- The President may, in writing, direct that a guidance decision of the Tribunal, the Immigration Assessment Authority, or the former Refugee Review Tribunal specified in the direction is to be complied with by the Authority in reaching a decision on a review of a fast track reviewable decision of a kind specified in the direction.
- In reaching a decision on a review of a decision of that kind, the IAA must comply with the guidance decision unless the Authority is satisfied that the facts or circumstances of the decision under review are clearly distinguishable from the facts or circumstances of the guidance decision.
- Non-compliance by the Immigration Assessment Authority with a guidance decision does not mean that the Authority’s decision on a review is an invalid decision.
- The Senior Reviewer is to manage the IAA subject to the directions of and in accordance with policies determined by, the President or the Division head.
Section 473JC and 473JD: Appointment of Senior Reviewer and Acting Senior Reviewer
Section 473JC requires that the President must, by written instrument, appoint a Senior Executive Service (SES) employee to be the Senior Reviewer. However, before appointing a person as the Senior Reviewer, the President must consult the Minister.
The President, under s473JD, may appoint a person to act as the Senior Reviewer in the following instances:
- When there is a vacancy in the office of Senior Reviewer, whether or not an appointment has previously been made to that office; or
- During any period, or during all periods, when the Senior Reviewer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Senior Reviewer.
Section 473JE: Staff
Section 473JE requires that the Senior Reviewer and the other Reviewers must be individuals employed under the terms of the Public Service Act of 1999. What is this Act about?
The Public Service Act 1999 is an Australian law that regulates the federal Australian Public Service. The Act establishes the obligations of the Australian Government toward its public servants and establishes the code of conduct to which they must adhere. This includes the requirement that they act apolitically and not disseminate or exploit government information without authorisation.
Moreover, this section mandates that the Registrar must make available the officers of the Tribunal (within the meaning of the Administrative Appeals Tribunal Act 1975) to assist the Immigration Assessment Authority (IAA) in the performance of its administrative functions.
Section 473JF: Delegation of Powers
Can the President delegate its powers to any of the staff? Yes. Under section 473JF, the President may delegate, in writing, all or any of the President’s powers or functions under this Part to the Senior Reviewer. However, in exercising power under a delegation, the Senior Reviewer must comply with any written directions of the President.
For more information about the Immigration Assessment Authority (IAA), you can check out the FAQs section of their website.
Do You Need Help Applying for a Protection Visa in Australia?
If you have faced persecution or fear persecution in your home country, you may be eligible for a protection visa in Australia. However, the process of applying for a protection visa can be complex and challenging.
Our qualified migration lawyers at JB Solicitors can help you navigate the process and increase your chances of success. We can help you to understand your rights and options, to prepare your application, and to represent you at interviews and hearings.
Contact us today.