Migration Review Tribunal
And
Refugee Review Tribunal
Agency resources and
planned performance
MIGRATION REVIEW TRIBUNAL AND REFUGEE REVIEW
TRIBUNAL
Section 1: Agency Overview and Resources ........................................................... 69
1.1
Strategic Direction Statement ......................................................................... 69
1.2
Agency Resource Statement .......................................................................... 70
1.3
Budget Measures ............................................................................................ 71
Section 2: Outcomes and Planned Performance ..................................................... 72
2.1
Outcomes and Performance Information ........................................................ 72
Section 3: Explanatory Tables and Budgeted Financial Statements ..................... 76
3.1
Explanatory Tables ......................................................................................... 76
3.2
Budgeted Financial Statements ...................................................................... 76
MRT-RRT Budget Statements
MIGRATION REVIEW TRIBUNAL AND REFUGEE REVIEW
TRIBUNAL
Section 1: Agency Overview and Resources
The Migration Review Tribunal (the MRT) and the Refugee Review Tribunal (the RRT)
are statutory bodies providing a final, independent merits review of visa and visarelated decisions made by the Minister or delegates of the Minister for Immigration
and Border Protection.
The MRT and the RRT (the tribunals) are established and operate under the Migration
Act 1958 (the Migration Act). The tribunals' jurisdictions, powers and procedures are
set out in the Migration Act and the Migration Regulations 1994. The tribunals
comprise members (appointed by the Governor-General under the Migration Act for
fixed terms) and staff (appointed under the Migration Act and employed under the
Public Service Act 1999). The tribunals operate as a single agency for the purposes of the
Financial Management and Accountability Act 1997.
1.1
STRATEGIC DIRECTION STATEMENT
The key strategic priorities for the tribunals are to deliver independent and timely
reviews and lawful decisions.
Each review has to be conducted in a way that ensures, as far as practicable, that an
applicant understands the issues and has a fair opportunity to respond to any matters
which might lead to an adverse outcome. The tribunals have published a Strategic Plan
which sets out the tribunals’ strategic direction through to 2016.
The plan outlines our commitment to providing independent, expert review of
migration and refugee decisions that is efficient and accessible, and the strategies and
actions which will support this.
The number of reviews conducted during a year depends on the types of applications
that are made, the availability of members, staff resources and impacts that case law
and legislative changes may have on the conduct of reviews. The estimates are based
on the tribunals conducting 18,000 reviews in 2014-15 with any adjustments based on
actual demand to be proposed at additional estimates.
.
69
MRT-RRT Budget Statements
1.2
AGENCY RESOURCE STATEMENT
Table 1.1 shows the total resources from all sources. The table summarises how
resources will be applied by outcome and by administered and departmental
classification.
Table 1.1: MRT-RRT Resource Statement — Budget Estimates for
2014-15 as at Budget May 2014
Estimate
of prior
year amounts
available in
2014-15
$'000
Ordinary annual services 1
Departm ental appropriation
Prior year departmental appropriation2
Departmental appropriation3
27,600
--
Total ordinary annual services
27,600-
+
Proposed
at Budget
Total
estimate
Actual
available
appropriation
2014-15
$'000
2014-15
$'000
2013-14
$'000
60,66060,660-
27,600
60,660
88,260-
84,06884,068-
=
-
Other services
Departm ental non-operating
Equity injections
Total
--
Total other services
--
--
41
41-
----Total net resourcing
for MRT-RRT
27,600
60,660
88,260
84,109
1. Appropriation Bill (No. 1) 2014-15.
2. Estimated adjusted balance carried from previous year for annual appropriations.
3. Includes an amount of $1.3 million in 2013-14 for the Departmental Capital Budget (refer to table 3.2.5
for further details). For accounting purposes this amount has been designated as 'contributions by
owners'.
Reader note: All figures are GST exclusive.
70
MRT-RRT Budget Statements
1.3
BUDGET MEASURES
Table 1.2 summarises new government measures taken since the 2013-14 Mid-Year
Economic and Fiscal Outlook (MYEFO).
Table 1.2: MRT-RRT 2014-15 Budget measures
Part 1: Measures announced since the 2013-14 MYEFO
Programme
2013-14
2014-15
2015-16
2016-17
2017-18
$'000
$'000
$'000
$'000
$'000
-
(152)
(305)
(458)
(455)
-
(152)
(305)
(458)
(455)
(458)
(455)
Expense m easures
Increased Efficiency Dividend
Departmental expenses
Total
Total expense m easures
(152)
(305)
Prepared on a Government Finance Statistics (fiscal) basis.
71
MRT-RRT Budget Statements
Section 2: Outcomes and Planned Performance
2.1
OUTCOMES AND PERFORMANCE INFORMATION
Outcome 1: To provide correct and preferable decisions for visa applicants
and sponsors through independent, fair, just, economical, informal and quick
merits reviews of migration and refugee decisions.
Outcome 1 Strategy
The tribunals operate in a high-volume decision-making environment where the case
law and legislation are complex and technical. In this context, fair and lawful reviews
are dependent on a number of factors, including adequate numbers of skilled member
and staff resources, and the success of strategies to respond to a substantial growth in
caseloads.
Programme Objective
The MRT and the RRT are established and operate under the Migration Act.
Sections 353 and 420 respectively state:
The tribunals shall, in carrying out its functions under this Act, pursue the objective
of providing a mechanism of review that is fair, just, economical, informal and
quick.
Program Expenses
The tribunals’ expenses are directly related to the conduct of reviews. The tribunals’
caseload is determined by the level and outcome of visa and related decisions made
within DIBP. Changes in visa criteria, the demand for visas and to the tribunals’
jurisdictions may affect the number of persons who may apply to the tribunals for a
review of a decision.
72
MRT-RRT Budget Statements
Programme 1.1 Deliverables
Merits review is an administrative reconsideration of a case. The principal objective
of merits review is to ensure that the correct or preferable decision is reached in each
case on the facts before the review body. The decisions of the review body should
also improve the general quality and consistency of decision-making, and enhance
openness and accountability.
The program deliverables are essentially the decisions that the tribunals make on
individual applications for review. The tribunals may set aside or vary decisions
under review, substitute another decision, or remit cases to DIBP for consideration
with directions. The tribunals are required to provide written statements of
decision, which must set out the reasons for the decision, set out the findings on any
material questions of fact, and refer to the evidence or any other material on which
findings of fact were based.
The tribunals are required by law to conduct hearings at which applicants can give
oral evidence and present arguments, and where other persons can give oral
evidence. The tribunals are required by law to invite an applicant to comment on or
respond to information or issues that may lead to a decision under review being
affirmed.
The tribunals publish decisions of particular interest.
Programme 1.1 Deliverables
Cases Decided
2013-14
Estimated
actual
$'000
2014-15
Budget
18,000
18,000
$'000
73
2015-16
Forw ard
estimate
$'000
2016-17
Forw ard
estimate
$'000
2017-18
Forw ard
estimate
$'000
18,000
18,000
18,000
MRT-RRT Budget Statements
Programme 1.1 Key Performance Indicators
2013-14
Estimated
actual
$'000
<5%
2014-15
Budget
2015-16
Forw ard
estimate
$'000
<5%
2016-17
Forw ard
estimate
$'000
<5%
2017-18
Forw ard
estimate
$'000
<5%
$'000
Tribunal decisions set aside by
<5%
judicial review
Bridging visa (detention cases)
70%
70%
70%
70%
70%
decided w ithin 7 w orking days
RRT cases decided w ithin 90
70%
70%
70%
70%
70%
calendar days
MRT visa cancellation cases
70%
70%
70%
70%
70%
decided w ithin 150 calendar days
All over MRT cases decided
70%
70%
70%
70%
70%
w ithin 350 days
Complaints received per 1,000
<5
<5
<5
<5
<5
cases
Decisions published
4,500
3,000
3,000
3,000
3,000
Note: The key performance indicator for the for the publications of decisions has been revised from
4,500 to 3,000 for 2014-15 and subsequent years. The tribunals are required under the Migration Act to
publish decisions of particular interest.
74
MRT-RRT Budget Statements
Outcome 1 Expense Statement
Table 2.1 provides an overview of the total expenses for Outcome 1.
Table 2.1 Budgeted Expenses for Outcome 1
Program m e 1.1: Final independent m erits review of
decisions concerning refugee status and the refusal or
cancellation of m igration and refugee visas.
Administered expenses
Write-dow n of assets - bad debts
Refund of application fees
Departmental expenses
Departmental appropriation 1
Total for Program m e 1.1
2013-14
Estimated
actual
expenses
$'000
2014-15
Estimated
expenses
2,600
5,700
2,600
5,700
84,068
60,660
92,368
68,960
$'000
2013-14
2014-15
Average Staffing Level (num ber)
420
420
1. Departmental Appropriation consists of ‘Ordinary annual services (Appropriation Bill No. 1)
75
MRT-RRT Budget Statements
Section 3: Explanatory Tables and Budgeted Financial
Statements
Section 3 presents explanatory tables and budgeted financial statements which provide
a comprehensive snapshot of agency finances for the 2014-15 budget year. It explains
how budget plans are incorporated into the financial statements and provides further
details of the reconciliation between appropriations and programme expenses,
movements in administered funds, special accounts and government indigenous
expenditure.
3.1
EXPLANATORY TABLES
3.1.1 Movement of Administered Funds Between Years
There was no movement of administered funds between years.
3.1.2 Special Accounts
The tribunals have no special accounts.
3.1.3 Australian Government Indigenous Expenditure
The tribunals has no indigenous expenditure.
3.2
BUDGETED FINANCIAL STATEMENTS
3.2.1 Analysis of Budgeted Financial Statements
There are no significant movements in the tribunals financial statements between
budget periods.
76
MRT-RRT Budget Statements
3.2
BUDGETED FINANCIAL STATEMENTS TABLES
Table 3.2.1 Comprehensive Income Statement (Showing Net Cost of Services)
(for the period ended 30 June)
2013-14
Estimated
actual
$'000
2014-15
Budget
EXPENSES
Employee benefits
Supplier expenses
Depreciation and amortisation
Finance costs
Total expenses
72,718
8,956
1,231
80
82,985-
LESS:
OWN-SOURCE INCOME
Gains
Other
Total gains
Total ow n-source incom e
60
60
60
Net cost of (contribution by)
services
2015-16
Forw ard
estimate
$'000
2016-17
Forw ard
estimate
$'000
2017-18
Forw ard
estimate
$'000
50,753
8,683
1,231
60,667-
50,640
8,785
1,231
60,656-
50,512
8,875
1,850
61,237-
49,854
9,193
1,850
60,897-
56
56
56
60
60
60
60
60
60
42
42
42
$'000
Revenue from Government
82,92581,694-
60,61159,380-*
60,59659,365-*
61,17759,327-*
60,85559,005-*
Surplus (Deficit) attributable to
the Australian Governm ent
(1,231)
(1,231)
(1,231)
(1,850)
(1,850)
2015-16
$'000
2016-17
$'000
2017-18
$'000
(1,231)
-
(1,850)
-
(1,850)
-
1,231-
1,850-
1,850-
-
-
Note: Im pact of Net Cash Apppropriation Arrangem ents
2013-14 2014-15
$'000
$'000
Total Com prehensive Incom e
(loss) excluding depreciation/
am ortisation expenses
previously funded through
revenue appropriations.
(1,231)
(1,231)
less depreciation/amortisation expenses
previously funded through revenue
appropriations
1,231-
1,231-
Total Com prehensive Incom e
(loss) - as per the Statem ent of
Com prehensive Incom e
Prepared on Australian Accounting Standards basis.
77
MRT-RRT Budget Statements
Table 3.2.2: Budgeted Departmental Balance Sheet (as at 30 June)
2013-14
Estimated
actual
$'000
2014-15
Budget
$'000
2015-16
Forw ard
estimate
$'000
2016-17
Forw ard
estimate
$'000
2017-18
Forw ard
estimate
$'000
ASSETS
Financial assets
Cash and cash equivalents
Trade and other receivables
Total financial assets
229
39,188
39,417
252
39,088
39,340
(1,373)
39,088
37,715
(1,373)
39,088
37,715
(1,373)
39,088
37,715
Non-financial assets
Land and buildings
Property, plant and equipment
Intangibles
Other
Total non-financial assets
5,213
2,424
2,490
53
10,180
5,142
2,950
2,085
53
10,230
5,442
3,125
1,878
53
10,498
5,592
3,563
1,178
53
10,386
5,342
3,077
2,229
53
10,701
Total assets
49,597
49,570
48,213
48,101
48,416
6,088
6,088
6,088
6,088
6,088
6,088
6,088
6,088
6,088
6,088
101
25
25
25
25
101
25
25
25
25
Provisions
Employee provisions
Other provisions
Total provisions
11,335
1,678
13,013
11,335
1,678
13,013
11,335
1,678
13,013
11,335
1,678
13,013
11,335
1,678
13,013
Total liabilities
19,202
19,126
19,126
19,126
19,126
Net assets
30,395
30,444
29,087
28,975
29,290
25,183
384
26,463
384
26,337
384
28,075
384
30,240
384
516
28,975
(1,334)
29,290
LIABILITIES
Payables
Suppliers
Total payables
Interest bearing liabilities
Leases
Total interest bearing liabilities
EQUITY
Parent entity interest
Contributed equity
Reserves
Retained surplus
(accumulated deficit)
Total equity
4,828
3,597
2,366
30,395
30,444
29,087
Prepared on Australian Accounting Standards basis.
78
MRT-RRT Budget Statements
Table 3.2.3: Departmental Statement of Changes in Equity — Summary of
Movement (Budget year 2014-15)
Retained
earnings
Opening balance as at 1 July 2014
Surplus (deficit) for the period
Total comprehensive income
recognised directly in equity
$'000
4,828
(1,231)
3,597
Asset
revaluation
reserve
$'000
384
384
Contributed
equity/
capital
$'000
25,183
-
Total
equity
$'000
30,395
(1,231)
25,183
29,164
1,280
26,463
1,280
30,444
Estim ated closing balance
as at 30 June 2015
3,597
384
26,463
Prepared on Australian Accounting Standards basis.
30,444
Transactions w ith ow ners
Contributions by owners
Appropriation (departmental
capital budget)
Sub-total transactions with owners
3,597
79
384
MRT-RRT Budget Statements
Table 3.2.4: Budgeted Departmental Statement of Cash Flows (for the period
ended 30 June)
2013-14
Estimated
actual
$'000
2014-15
Budget
OPERATING ACTIVITIES
Cash received
Appropriations
Total cash received
Cash used
Employees
Suppliers
Borrow ing costs
Total cash used
Net cash from (used by)
operating activities
INVESTING ACTIVITIES
Cash used
Purchase of property, plant
and equipment
Total cash used
$'000
2015-16
Forw ard
estimate
$'000
2016-17
Forw ard
estimate
$'000
2017-18
Forw ard
estimate
$'000
81,726
81,726
59,480
59,480
59,365
59,365
59,327
59,327
59,005
59,005
72,718
8,896
50,753
8,617
50,640
8,725
50,512
8,815
49,854
9,151
-
-
-
-
81,694
59,370
59,365
59,327
59,005
32
90
-
-
-
1,974
1,974
1,271
1,271
1,509
1,509
1,738
1,738
2,165
2,165
(1,974)
(1,271)
(1,509)
(1,738)
(2,165)
2,056
2,056
1,280
1,280
(116)
(116)
1,738
1,738
2,165
2,165
162
162
76
76
1,894
1,204
80
Net cash from (used by)
investing activities
FINANCING ACTIVITIES
Cash received
Contributed equity
Total cash received
Cash used
Repayments of borrow ings
Total cash used
Net cash from (used by)
financing activities
(116)
Net increase (decrease)
in cash held
(48)
23
(1,625)
Cash and cash equivalents at the
beginning of the reporting period
277
229
252
Cash and cash equivalents at the
end of the reporting period
229
252
(1,373)
Prepared on Australian Accounting Standards basis.
80
1,738
2,165
-
-
(1,373)
(1,373)
(1,373)
(1,373)
MRT-RRT Budget Statements
Table 3.2.5: Departmental Capital Budget Statement
2013-14
Estimated
actual
$'000
CAPITAL APPROPRIATIONS
Capital budget - Bill 1 (DCB)
Total capital appropriations
2014-15
Budget
$'000
2015-16
Forw ard
estimate
$'000
2016-17
Forw ard
estimate
$'000
2017-18
Forw ard
estimate
$'000
2,367
2,367-
1,280
1,280-
1,844
1,844-
2,238
2,238-
2,269
2,269-
2,367
2,367-
1,280
1,280-
1,844
1,844-
2,238
2,238-
2,269
2,269-
2,367
1,280
1,844
2,238
2,269
2,3670
1,280-
1,8440
2,2380
2,2690
2,367
1,280
1,844
2,238
2,269
2,367
1,280
1,844
Prepared on Australian Accounting Standards basis.
2,238
2,269
Total new capital appropriations
Represented by:
Purchase of non-financial assets
Total Item s
PURCHASE OF NON-FINANCIAL
ASSETS
Funded by capital appropriation - DCB
TOTAL
RECONCILIATION OF CASH
USED TO ACQUIRE ASSETS
TO ASSET MOVEMENT TABLE
Total purchases
Total cash used to
acquire assets
81
MRT-RRT Budget Statements
Table 3.2.6: Statement of Asset Movements (2014-15)
Asset Category (as appropriate)
Buildings Other property,
Computer
plant and softw are and
equipment
intangibles
$'000
$'000
$'000
As at 1 July 2014
Gross book value
Accumulated depreciation/amortisation
and impairment
Opening net book balance
Total
$'000
7,836
3,256
8,049
19,141
(2,623)
5,213
(832)
2,424
(5,559)
2,490
(9,014)
10,127
CAPITAL ASSET ADDITIONS
Estim ated expenditure on
new or replacem ent assets
By purchase - appropriation ordinary
annual services
Total additions
30
30
955
955
295
295
1,280
1,280
Other m ovem ents
Assets held for sale or in a disposal
group held for sale
Depreciation/amortisation expense
Total other m ovem ents
102
102
429
429
700
700
1,231
1,231
As at 30 June 2015
Gross book value
7,867
4,211
8,344
Accumulated depreciation/amortisation
and impairment
(2,725)
(1,261)
(6,259)
Closing net book balance
5,142
2,950
2,085
Prepared on Australian Accounting Standards basis.
82
20,422
(10,245)
10,177
MRT-RRT Budget Statements
Schedule of Administered Activity
Table 3.2.7: Schedule of Budgeted Income and Expenses Administered on
Behalf of Government (for the period ended 30 June)
2013-14
Estimated
actual
$'000
2014-15
Budget
$'000
2015-16
Forw ard
estimate
$'000
2016-17
Forw ard
estimate
$'000
2017-18
Forw ard
estimate
$'000
Non-taxation revenue
Fees
Total non-taxation revenue
28,431
28,431
26,431
26,431
26,431
26,431
26,400
26,400
26,400
26,400
Total incom e adm inistered
on behalf of Governm ent
28,431
26,431
26,431
26,400
26,400
2,600
5,700
2,600
5,700
8,300
8,300
INCOME ADMINISTERED ON
BEHALF OF GOVERNMENT
Revenue
EXPENSES ADMINISTERED ON
BEHALF OF GOVERNMENT
Bad Debts - RRT Post Decision Fees
2,600
2,600
2,600
Refunds - MRT Application Fees
5,700
5,700
5,700
Total expenses adm inistered
on behalf of Governm ent
8,300
8,300
8,300
Prepared on Australian Accounting Standards basis.
Table 3.2.8: Schedule of Budgeted Assets and Liabilities Administered on Behalf
of Government (as at 30 June)
2013-14
Estimated
actual
$'000
2014-15
Budget
$'000
2015-16
Forw ard
estimate
$'000
2016-17
Forw ard
estimate
$'000
2017-18
Forw ard
estimate
$'000
ASSETS ADMINISTERED ON
BEHALF OF GOVERNMENT
Financial assets
Cash and cash equivalents
Receivables
Total financial assets
123
2,058
2,181
123
2,058
2,181
123
2,058
2,181
123
2,058
2,181
123
2,058
2,181
Total assets adm inistered
on behalf of Governm ent
2,181
2,181
2,181
2,181
2,181
LIABILITIES ADMINISTERED ON
BEHALF OF GOVERNMENT
Total liabilities adm inistered
on behalf of Governm ent
Prepared on Australian Accounting Standards basis.
83
-
-
MRT-RRT Budget Statements
Table 3.2.9: Schedule of Budgeted Administered Cash Flows (for the period
ended 30 June)
OPERATING ACTIVITIES
Cash received
Rendering of services
Total cash received
Cash used
Refunds
Total cash used
Net cash from (used by)
operating activities
2013-14
Estimated
actual
$'000
2014-15
Budget
$'000
2015-16
Forw ard
estimate
$'000
2016-17
Forw ard
estimate
$'000
2017-18
Forw ard
estimate
$'000
25,831
25,831
23,831
23,831
23,831
23,831
23,800
23,800
23,800
23,800
5,700
5,700
5,700
5,700
5,700
5,700
5,700
5,700
5,700
5,700
20,131
18,131
18,131
18,100
18,100
18,100
18,100
123
123
123
123
18,100
18,100
18,100
18,100
Net increase (decrease) in
cash held
20,131
18,131
18,131
Cash and cash equivalents at
beginning of reporting period
123
123
123
Total
123
123
123
Cash to Official Public Account for:
- Appropriations
20,131
18,131
18,131
Total
20,131
18,131
18,131
Cash and cash equivalents at end
of reporting period
123
123
123
Prepared on Australian Accounting Standards basis.
123
Table 3.2.10: Schedule of Administered Capital Budget Statement
The tribunals do not have an administered capital budget.
Table 3.2.11: Statement of Administered Asset Movements (2014-15)
The tribunals do not have an administered capital budget.
84
123