Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Thanks, Senator Pocock, for that contribution and thanks, also, to Senator Shoebridge for moving that amendment. I can confirm that the government will be opposing the amendment moved by Senator Shoebridge. Matters previously determined by the IAA will not be able to be re-reviewed by the ART. All matters that had been finally determined by the IAA prior to the abolition of the IAA remain final and determined. This is appropriate as it provides finality and certainty as the outcome of protection visa decisions.

Individuals whose applications have been considered by the IAA have already had an opportunity to access merits reviews. It is not appropriate to provide an additional right of review. If a person is concerned about a particular IAA decision, the appropriate course of action is to seek judicial review of that decision. In terms of the changes the government have made to the ART, we believe that it is a fairer system and that it is one that is operating better than the previous government's AAT, particularly in regard to dealing with some of those more complex cases that we talked about yesterday as part of this committee process.