Paul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Hansard source

Thank you, Minister. That's greatly appreciated. Let's look at performance. There were 880 appeals from an IAA decision lodged in 2021 to 2022. In 159 of those matters, the matter was remitted. That means that the decision doesn't necessarily change; it's remitted back for further consideration. There were just two cases in which the decision was actually set aside. I just want to repeat those figures. Senator Shoebridge has made comments in relation to the performance of the IAA and I think it is important to get this on the record. Of 880 appeals from an IAA matter decision lodged in 2021-22, 159 of those matters were remitted—sent back for further consideration. It doesn't mean the first decision was incorrect; it just means it was sent back for further consideration. There are just two cases, out of 880 appeals in which the decision was set aside.

This means that, in 880 different cases, a solicitor was prepared to certify to the court that their appeal had reasonable prospects of success, but the decision of the Immigration Assessment Authority was upheld by a court in over 80 per cent of those cases. In over 80 per cent of those cases coming before the IAA, the decision of the IAA was upheld by the court. Those are just the cases that solicitors chose to challenge. No doubt there were many other cases where a solicitor acting ethically, as they have to do, was not able to give that certification.

In case the question arises, the performance in over 80 per cent of the cases the decision of the IAA was upheld by the court, is directly comparable to the performance of the AAT during a similar period. In 2021, decisions of the AAT were overturned in 14 per cent of cases. In the same year, the IAA decision rate of overturn was 18 per cent—14 per cent, 18 per cent. It was materially consistent in terms of the rate of overturn of cases determined by the IAA as opposed to that of the AAT. In fact, it's an extraordinary testament to the quality of the decision-making of the IAA, given that it was so quick and efficient. We've talked about timeframes of six weeks, seven weeks or nine weeks. It's a testament to the quality of the decision-making of the IAA that decisions were handed down—during that period, at least—in seven weeks. I ask again, Minister: why hasn't the government considered, during the course of preparing this amendment bill—and given the huge backlog of cases—a fast-track option like the IAA?