Administrative law is the body of law regulating government decision-making.
The federal system of administrative law is made up of four elements:
Tribunals –decision making bodies that are independent of government departments which provide ‘merits review’, i.e. examining and ‘re-making’ decisions independent of primary decision-makers such as the Department of Immigration
Courts – courts do not re-make decisions, but examine the lawfulness of government decisions and decision-making and interpret legal provisions, in a process known as ‘judicial review’
Commonwealth Ombudsman – a permanent executve agency with power to investigate and report on the effectiveness of administrative processes and administrative decisions made by government agencies
Freedom of Information and Privacy– laws which identify rights of access to official information, subject to exclusions and laws which regulate the duty in relation to confidential information
MERITS REVIEW
Merits review is the process by which a person or body:
• other than the primary decision-maker;
• reconsiders the facts, law and policy aspects of the original decision; and
• determines what is the correct and preferable decision.
The process of merits review may be described as ‘stepping into the shoes of the primary decision-maker’. The result of merits review is the affirmation or variation of the original decision.
The principal objective of merits review is to ensure that those administrative decisions in relation to which review is provided are correct and preferable. This objective is directed to ensuring fair treatment of all persons affected by a decision.
Merits review also has a broader, long-term objective of improving the quality and consistency of the decisions of primary decision-makers. Further, merits review ensures that the openness and accountability of decisions made by government are enhanced.
Our company can help you in the following issues:
- – Visa Cancellation and Refusal
- – Character Cancellation and Refusal
- – Ministerial Intervention Requests
- – Requests for Waiving Certain Visa Conditions
- – Migration Review Tribunal Appeals
- – Refugee Review Tribunal Appeals
- – Administrative Appeals Tribunal
To book an appointment, send us an email at info@bridgesimmigration.com.au.
