Stirling Griff (SA, Centre Alliance) Share this | Link to this | Hansard source

I move:

That—

(a) the Senate notes that:

(i) the Federal Government's new Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020 increase the Federal Circuit Court application fee for migration litigants from $690 to $3,330,

(ii) this 380% fee hike is disproportionate and inconsistent with other Federal Circuit Court fees set out in Schedule 1 of the Federal Court and Federal Circuit Court Regulation 2012, and even exceeds most (non-corporation) Federal Court fees,

(iii) with the exception of bankruptcy applications, all other fees payable for proceedings in the Federal Circuit Court remain under $1,000 for non­corporations,

(iv) the Federal Circuit Court can review decisions made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, decisions made by the Administrative Appeals Tribunal and 'fast track' reviewable decisions made by the Immigration Assessment Authority, but only to determine whether jurisdictional errors have been made, and

(v) the instrument's explanatory memorandum states that 'consultation was undertaken with the Federal Circuit Court of Australia' but it provides no reasons for imposing the high application fee on migration litigants only; and

(b) there be laid on the table by the Minister representing the Attorney­General, by midday on 7 December 2020, any documents (including briefing documents, emails, memos, letters, agendas and minutes) held by the Attorney­General, the Attorney-General's Department or the Department of Home Affairs relating to consultation on the instrument, or that relate to a discussion, proposal or request to increase the fee for migration litigants, or that relate to the quantity or reasons for a fee increase.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Sue Lines (WA, Deputy-President) Share this | Link to this | Hansard source

Leave is granted for one minute.

Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

The government is investing $36 million in additional FCC resourcing, including four additional judges and seven judicial registrars, as part of the 2020-21 budget. This will allow the court to resolve more matters every year, including an estimated 1,000 additional migration cases, which responds to the increase in FCC migration filings from 3,544 in 2014-15 to 6,555 in 2019-20. The resourcing will be offset by an increase to the migration application fee, with all revenue reinvested in the court. Currently, the FCC fee for migration matters is significantly lower than the AAT fee, and the new rate is set halfway between the AAT and Federal Court fees. The government does not oppose the production order but will necessarily have to consider any public interest immunity claim, for instance, given this was subject to cabinet processes. The government will endeavour to meet the time frame, and that will depend on the number of documents identified.

Question agreed to.