THE DELEGATION OF DISCRETIONARY POWERS

 

For years, many have been intimidated with the Australian Department of Immigration as the people in the department are seen as super beings that have been given mandated powers to decide on Australian Migration issues from the public to administer a complexity of Migration Laws. With 27 years of experience dealing with the Australian Department of Immigration, it is clear that while the latter is true, The Department, however is manned by ordinary people. The mandated powers, however, makes dealing with The Department intimidating as it is often unpredictable in its decisions.

Here are some points to highlight on The Departments’ authority:
a. The Department does not operate under a judiciary process as in a court house.
– The Department operates in an administrative process based on the principle of natural justice & procedural fairness that is underpinned by the laws embodied in the administrative laws like the Administrative Decisions Juridical Review (ADJR) and other instruments including some aspects of the laws of evidence.

b. There is a clause in the Migration Act 1958 empowering the case officers, stating that the officer “must be satisfied” that the prescribed criteria have been met prior to visa grant. This clause however, comes with a limited policy guideline to what is deemed to be satisfactory.
– The case officer is further mandated to exercise his “discretion” to be “satisfied” before approving an application. If he is not “satisfied” he has the right to reject the application.
– The issue here is how does a visa applicant “satisfy” the case officer who is mandated with wide discretionary power that is often fluid and undefined?

c. There is no assurance that no two case officers will make the same decision under similar facts and circumstances in exercising their discretionary power.
– There is no repeat ability to ensure the same outcome from case to case.

For an application to be successful, an agent should be very competent in the interpretation of the consequential administration and the migration laws. Many years and experience of the migration agent with intimate knowledge of the migration laws are essential for the application to be successful.

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Robert Chelliah, CEO of AMA and registered MARA agent along with his team of specialist staff, have over 27 years of experience in handling various complex cases with a high success rate.

Get in touch with him today to start your visa application process.
ama@austmigration.com.au
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