Dear Administrative Appeals Tribunal,

Eight categories, and respective subcategories, of information are sought, as follows:

Decisions made by Ms Kira Raif:

1. Category 1: The total number of cases finalised by Ms Kira Raif in the Migration and Refugee Division of the Administrative Appeals Tribunal, for each calendar year starting from the year when her first case was finalised.

a. Subcategory of Category 1: Out of the number in Category 1, the total number of cases where the decisions under review were not affirmed, for each such calendar year.

2. Category 2: The total number of cases finalised by Ms Kira Raif in the General Division of the Administrative Appeals Tribunal where what was reviewed were decisions made under Part 9 of the Migration Act 1958 (Cth), for each calendar year starting from the year when her first case was finalised.

a. Subcategory of Category 2: Out of the number in Category 2, the total number of cases where the decisions under review were not affirmed, for each such calendar year.

3. Category 3: The total number of cases finalised by Ms Kira Raif in the Migration Review Tribunal, for each calendar year starting from the year when her first case was finalised.

a. Subcategory of Category 3: Out of the number in Category 3, the total number of cases where the decisions under review were not affirmed, for each such calendar year.

4. Category 4: The total number of cases finalised by Ms Kira Raif in the Refugee Review Tribunal, for each calendar year starting from the year when her first case was finalised.

a. Subcategory of Category 4: Out of the number in Category 4, the total number of cases where the decisions under review were not affirmed, for each such calendar year.

Decisions made by decision-makers other than Ms Kira Raif:

5. Category 5: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Migration and Refugee Division of the Administrative Appeals Tribunal, for each calendar year contemplated by Category 1.

a. Subcategory of Category 5: Out of the number in Category 5, the total number of cases where the decisions under review were not affirmed, for each such calendar year.

6. Category 6: The total number of cases finalised by decision-makers other than Ms Kira Raif in the General Division of the Administrative Appeals Tribunal where what was reviewed were decisions made under Part 9 of the Migration Act 1958 (Cth), for each calendar year contemplated by Category 2.

a. Subcategory of Category 6: Out of the number in Category 6, the total number of cases where the decisions under review were not affirmed, for each such calendar year.

7. Category 7: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Migration Review Tribunal, for each calendar year contemplated by Category 3.

a. Subcategory of Category 7: Out of the number in Category 7, the total number of cases where the decisions under review were not affirmed, for each such calendar year.

8. Category 8: The total number of cases finalised by decision-makers other than Ms Kira Raif in the Refugee Review Tribunal, for each calendar year contemplated by Category 4.

a. Subcategory of Category 8: Out of the number in Category 8, the total number of cases where the decisions under review were not affirmed, for each such calendar year.

The FOI applicant further notes as follows:

a) The word “finalised” above:

o when used in categories 1 to 4, refers to cases finalised by Ms Raif where she was the only decision-maker (i.e. where the Tribunal in question was constituted only by Ms Raif), whether as a Member or Senior Member;

o refers to final/substantive (i.e. not procedural, such as whether to issue a subpoena or call a witness to give evidence) review decisions made;

o excludes decisions made under section 362B of the Migration Act 1958 (Cth);

o excludes decisions made under section 426A of the Migration Act 1958 (Cth);

o excludes decisions made under section 42A of the Administrative Appeals Tribunal Act 1975 (Cth);

o excludes cases finalised by reason of the respective review applications being withdrawn by the review applicant;

b) If, for example, Ms Raif made decisions from 2006 until 2023 (inclusive), the answers sought would be as follows, with the terms ‘A’, ‘AA’, ‘B’, ‘BB’ … ‘CC’ below representing the respective number of decisions:

o Category 1 (decisions in the Migration and Refugee Division of the Administrative Appeals Tribunal):

 2006: A decisions

 2007: B decisions

 …

 2023: C decisions

o Subcategory of Category 1:

 2006: AA decisions

 2007: BB decisions

 …

 2023: CC decisions

c) The same rationale discussed in item (b) above applies to categories 2 to 8 and their respective subcategories.

d) The ellipses used above do not indicate that the information is not sought for years 2008 to 2002 (inclusive). On the contrary, the information is sought for those years too.

Yours faithfully,
Siobhan

Dear Marta M,

Thanks for your email on 22 May 2023.

For "Decisions made by decision-makers other than Ms Kira Raif", we are seeking numbers for all other members collectively (rather than individual averages for each individual member).

I trust this clarifies our position but please let me know if you need any further information.

Yours sincerely,

Siobhan