Ombudsman investigates DIAC’s notification of decisions and review rights for unsuccessful visa applications
The Commonwealth and Immigration Ombudsman, Prof. John McMillan, today released a report into the Department of Immigration’s notification of decisions and review rights for unsuccessful visa applications. The report was based on examining a sample of 1,800 notification letters.
‘The report deals with an important topic—the Department of Immigration’s obligation to provide an unsuccessful visa applicant with a letter that clearly explains the decision and information about review rights’, said Prof. McMillan. ‘This own motion investigation followed complaints to my office suggesting that notification letters from DIAC were contradictory or confusing for visa applicants or failed to meet legal requirements.’
The Ombudsman’s investigation found that DIAC’s notification of adverse decisions was not well coordinated or consistent. There was variation in the quality of notification letters, many of which fell short of best practice standards.
‘Clarity and accuracy in advice letters to members of the public is integral to transparency and accountability of government’, said Prof. McMillan. ‘A letter advising an adverse decision should clearly pinpoint the issue being decided, the reasons for the decision and the information on which the decision was based.’
The Ombudsman recommended that DIAC conduct a comprehensive review of its management of notification letters, to improve their quality and consistency. Specific recommendations in the report were for DIAC to introduce quality assurance measures, introduce consistent letter templates, use plain English in letters, improve the description of review rights and adopt minimum standards for explaining the reasons for decisions.
DIAC has accepted all the Ombudsman’s recommendations. The Ombudsman notes the reforms that have been implemented by DIAC, as part of a more sweeping reform program in the Department. These include the introduction of a Letter Improvement Program, and publication of a Best Practice Guide for reasons for decision, based on an Administrative Review Council publication. The Ombudsman’s report also notes the complex task faced by DIAC in dealing with over 12,000 visa applications each day, relating to over 140 different visa classes, processed at 68 offices overseas and nine offices in Australia.
Date of release: 19 December 2007