New Issues Aroused on Australian Immigration Tribunal

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February 21, 2012 – Appeals against orders to leave by foreign citizens desperate to be granted with a visa in Australia thereby allowing them to live legally in Australia are currently clogging up Australia’s refugee and immigration tribunals.

Whereas much of the nation’s immigration issues in recent weeks have been towered over by issues of boat arrivals of asylum seekers, recent report reveals that there are even thousands more of migrants arriving in Australia by plane on Australia visiting visa and student visas Australian. And these migrants are refusing to leave when their travel visas Australia expire and are now lodging their appeals, thereby clogging up the immigration system with lengthy and costly appeals.

Issues On Australian Immigration Tribunal

Recent data show that there are thousands of extra appeals that are now currently being lodged by plane arrivals each year, which has led to a cost blowout for taxpayers and long delays for those who apply visa to Australia.

There is an increase in the number of people who have overextended their
Australia migration visa and then either misrepresent claims or simply just exploit the appeal system with the intent of prolonging their time in Australia, which have led tribunal members frustrated and desperate for change.

According to the Refugee Review Tribunal, which are tasked to handle plane arrivals, recent figures reveal that there is an increase of 30% to almost 3,000 appeals that are now currently being lodged as compared to the previous year.

The Migration Review Tribunal, which is tasked to handle student, spouse, bridging and business visas, also revealed a 24% increase of over 10,000 appeals.

Claims made to appeal tribunals labeled as ‘blatantly fake’ include those claims of religious persecution as a Catholic even though not knowing who the Pope is; pretense of being gay and claims of being a sought after by corrupt officials, gangs or ex-partners.

The rise in appeals has been attributed to the recent crackdown on student visas along with the increased success rate of appeals, which shows a success rate of 41% attributed to the Migration Review Tribunal and 24% to the Refugee Review Tribunal for last year. These success rates have led to sharp criticism of the Australian immigration process.

Adrienne Millbank, an associate researcher at Monash University, commented that the whole appeals system is “totally farcical” as it only relies on the credibility of the story which is somewhat questionable.

According to a memo from the Australian Immigration department, “the result in uncertainty for applicants and provide an incentive for others to misuse the review process to extend their stay in Australia”.

With the Refugee Review Tribunal starting to accept claims for asylum from boat arrivals, many critics gave warnings that this issue is unlikely to go away unless a review of the system is undertaken.

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