I dealt with a migration officer who I thought was particularly difficult. They ignored my calls, were rude to me and never responded to my emails. I would like the opportunity to confront them in front of a tribunal where I imagine they will be forced to listen to me. Is this the case?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Alison Christou, Brisbane 4000 QLD
- Unfortunately in many lower-level reviews the original decision maker will not be present. The department is likely to just send over paperwork documenting the decision.
- Not having the particular officer there can be very disappointing for individuals. Yet there can often be personal or character issues that arose as the original matter was decided. Voices might have been raised, phones hung up and strong words exchanged for example. Sometimes the desire to continue this conversation in front of a third party can be compelling. In most administrative reviews only the actual decision can be examined. This means it would not be possible in any case for the review officer to hear your larger grievances.