amily law: how th system tacked 50 of the “worst’ cases

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The current migration law system is “unsustainable” for the courts and “unfair” because it can encourage appeals, says Chief Justice Will Alstergren.

, which could increase pressure on the legal system.

The FCFC is the first avenue for judicial review of decisions by the minister. Litigants usually lodge appeals to the Administrative Appeals Tribunal , but cases can proceed directly to division 2 of the FCFC –. They can be further appealed to the Federal Court, Full Federal Court and the High Court. Migration cases comprise about 30 per cent of the workload for those courts.

. A figure of under 100 per cent means a court is falling behind; above indicates means it is clearing backlogs.He said he would support “a proper review of all the different aspects of migration – from the department, to the refugee tribunal in the AAT, to the courts”.

 

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