While all the complainants still had access to the RRT for a merits review of the decision regarding their refugee status, there was still a need. There were a number of areas where the department's procedures had contributed to the applicants' problems. Some of the complainants hoped that the Ombudsman could provide the applicant with an additional level of assessment.
The ombudsman draws the ministry's attention to cases where deficient administration may have occurred. Currently, almost all onshore applicants for a protection visa are interviewed by the case officer as part of an exhaustive assessment process and testing of asylum seekers' claims. The caseworkers are based in Melbourne and Sydney, with the rest of the country split between them.
Approximately two-thirds of the workload is carried by Sydney ORP and the remainder by Melbourne ORP, but this may vary depending on the specific circumstances of new Protection Visa applications. Most complainants stressed the importance of the interview with the ORP officer and the possibility of a fair hearing. In my view, none of the cases involved behavior that could rightly be described as actual bias.
However, there were clearly cases where there was a perception of bias in the mind of the applicant, and in some cases this may be the case.
EXCESSIVE POWER OF CASE MANAGERS
INCONSISTENT DECISION MAKING
DELAYS IN MAKING PRIMARY DECISIONS
RELATIONSHIP WITH THE APPLICANT'S REPRESENTATIVE
This has led to tension over whether and how the representative can intervene in the course of a conversation when there is a misunderstanding on the part of the case manager or a belief that something has been misinterpreted by the interpreter. Many representatives feel they are actively involved in their client's application and deserve credit for their contribution to the process, for example preparing lengthy, complex legal returns. Representatives believe they are present at the interview to support the process, to highlight information and questions that may not have been covered, and not to act as an adversary.
Many feel that due to the nature of an interview situation, the applicant can often feel attacked, highly vulnerable and even abandoned by the representative who feels powerless to intervene in the proceedings. It is important that all parties accept that the ORP interview is a non-hostile situation so that the applicant's confidence is not. The prescribed interview format (Procedures Manual Topic 4) requires interviewers to clearly and carefully explain the roles and obligations of both the interpreter and the legal representative.
Representatives are advised that the case manager is responsible for conducting the interview and that no interruptions should be necessary as a set period of time is allowed at the end of the interview for the applicant and the representative to confer privately and give any explanations. or questions they consider appropriate. Furthermore, it is important for the integrity of the interview process that applicants are able to state their claims in their own words.
COMPLAINTS PROCEDURES
Another complainant spoke of a "closing of ranks" and a "tough relationship" between ORP officers and legal representatives. Some of the legal representatives claimed that the level of complaints about the ORP processes may be an underestimation of the actual grievances, as asylum seekers are among those most reluctant to lodge a complaint, both for cultural reasons and out of fear that any complaint may affect their case at the RRT. After rejection by ORP, most applicants then turn their attention to the next step in the review process.
However, in some cases they have agreed to make their concerns known through channels such as the Ombudsman's office, in order to draw attention to practices that have caused them concern. In June 1994 she introduced, on her own initiative, a document known as the Customer Service Charter. It has since been refined into the Department's Customer Service Charter, which was rolled out to all Department offices across Australia in February 1996.
It explains the principles of professional customer service to which the office wishes to adhere and provides a mechanism (removable part of the brochure) for lodging complaints and/or any other comments about the standards of service it has. According to this policy, case managers should initially introduce themselves to the client-applicant and familiarize them with the process and the channels for formal and informal communication.
EVALUATION OF IMPROVEMENTS IN 1996
- PRIORITY SETTING
- SUPPORT SYSTEMS FOR DECISION MAKING
- THE ROLE OF CLIENT INTERVIEWS
- AVOIDING THE APPEARANCE OF BIAS
- INCONSISTENT DECISION MAKING
- MINIMISING DELAYS IN MAKING PRIMARY DECISIONS
- ROLE OF THE APPLICANT'S REPRESENTATIVE
- COMPLAINTS PROCEDURES
Due to the mismatch between staffing resources and the increasing number of protection visa applications, the ORP has adopted some clear processing priorities. From the point of view of the case manager, the interview is only one part of the process, or an additional tool that offers the opportunity to ask questions. The lesson is that case managers need to remember the centrality of the interview to the applicant and pay close attention to how it goes.
However, it can be difficult to get a properly trained and qualified interpreter for some of the smaller language groups. Case managers may terminate an interview if they are not satisfied with the quality of the interpreter. The importance of the interpreter in maintaining the integrity of the refugee designation.
In particular, the applicant's opinion of the importance of the interview emphasizes the critical nature of the way unfavorable information is conveyed. This is only a partial solution to the dilemma of achieving consistency without compromising the independence of the decision maker, who has all the facts. The decision clarifies and reinforces the role and judgment of the administrative decision-maker in the ORP process, but it is important that this does not lead to a relaxation of efforts to improve the quality of decision-making.
There were also some very strong opinions among the case managers about the usefulness of the help desk. Lack of legal pressure on the applicant to submit parts B and C of the application form containing information and claims within a. If doubts about the applicant still remain in the case manager's mind after 2 years, the person is cleared of doubt and granted a protection visa.
Some ideas have been put forward to solve the problem of clogging the system. The DCMG facilitated the flow of more accurate information and reduced some of the pressure on the ministry to make a premature decision. On the other hand, the ministry is also more aware of the often daily pressures on the judiciary.
The interview tapes are an important record to help resolve a complaint about the interview. Given that the perception of the applicant is recognized as a very important part of the process, in most cases even.
RECOMMENDATIONS
THE DEPARTMENT’S RESPONSE TO THE RECOMMENDATIONS Communications
Therefore, it encourages the development of improved communication links with its clients through seminars, meetings with the NGO community and meetings with refugee practitioners at both local and national levels. Government and Non Government Organizations (IGNGO) forum, which takes place approximately three to four times a year. Department, the United Nations High Commissioner for Refugees and representatives of top non-governmental organizations to discuss policy and program development for Australia's offshore and onshore humanitarian program.
These meetings act as a valuable forum for both parties to raise issues of mutual interest and clarify initiatives and difficult or contentious program areas. In addition, the Onshore Refugee Procedures Manual is currently included in the Ministry's Procedures Advice System (PAMS), in which form it will be available for purchase by the public through GIS. The department promotes the principle of continuous improvement and provides training programs and seminars at frequent intervals.
Guest speakers have included experts in the field of refugee law such as Canadian academic Professor James Hathaway, Mr. Guy Goodwin-Gill, a Canadian writer on refugee law and principles, as well as a representative from UNHCR. The Department is also often called upon to participate in the training of case managers, for example the Refugee Council of Australia has been funded to develop a training module for case managers dealing with clients who have special needs such as the elderly, people with physical and mental disabilities. Eliminating the backlog and adequate resources for primary decision-making to ensure a quality and timely outcome.
Correspondence from the Department in April 1997 in response to a specific complaint about delays in processing protection visa applications,.
