List of recommendations

Recommendation 1

2.97The committee recommends that the Australian government consider, in consultation with the Administrative Review Tribunal, amending the Bill to further improve the operational efficiency of the Tribunal, including:

consistent with subsections 43(2), (2A) and (2B) of the Administrative Appeals Tribunal Act 1975, amendments that would give the Administrative Review Tribunal greater flexibility to provide oral, instead of written, reasons (while ensuring that the Tribunal is required to provide written reasons if a party to a proceeding requests them); and

noting the significant expansion in functions performed by the President (compared with the President of the former Administrative Appeals Tribunal), and with the benefit of 12 months of experience, amendments that might assist the President to better and more efficiently carry out his or her functions (e.g. extending the delegation powers to a Deputy President).

Recommendation 2

2.99The committee recommends that the government consider amending the Bill to require a decision to refuse to grant a student visa to be prescribed in order to be an 'application to be reviewed on the papers', for the purposes of proposed Division 4A of the Migration Act 1958.

Recommendation 3

2.100Subject to the above recommendations, the committee recommends that the Senate pass the Bill.