Senator Faulkner asked the Minister representing the Minister for Immigration and Multicultural Affairs, upon notice, on 20 September 1999:

(1) Since 3 March 1996, how many decisions of the department and all portfolio agencies have been the subject of applications for review under the Administrative Decisions (Judicial Review) Act 1977.

(2) Of these applications, how many related to: (a) agency staffing matters; (b) agency client matters; or (c) other (please specify general area).

(3) How may applications: (a) have been: (i) finalised, and (ii) withdrawn by the applicant; and (b) remain unfinalised.

(4) (a) What was the cost to the department or agency defending each of these actions; and (b) what was the quantum of costs where they were awarded against the Commonwealth, where appropriate.

Senator Vanstone (Justice and Customs) —The Minister for Immigration and Multicultural Affairs has provided the following answer to the honourable senator's question:

(1) Since 1 September 1994, applications to review visa decisions have been under Part 8 of the Migration Act 1958. Between 3 March 1996 and 5 October 1999 the Department has received 2,803 applications for review of visa decisions filed in the Federal Court under Part 8 of the Migration Act 1958.

There have been no applications to review visa decisions validly brought under the Administrative Decisions (Judicial Review) Act 1977 since 3 March 1996.

The Department is not aware of any non-visa related applications brought under the Administrative Decisions (Judicial Review) Act 1977 since 3 March 1996.

(2) (a) Nil

(b) 2,803

(c) Nil

(3) (a) (i) 2,750

(a) (ii) 1,006 (included in (3)(a)(i) above)

(b) 427

(4) (a)—(b) The Department does not keep separate records of costs awarded to and against the Minister by the Federal Court. To answer the question in full would require an examination of each and every one of the 2,803 related files. Such an undertaking would be an unreasonable diversion of resources. I can advise, however, that there is a finance agreement in place between the Department of Immigration and Multicultural Affairs (DIMA) and the Department of Finance and Administration (DoFA). Under this agreement, DoFA reimburses DIMA in the sum of $9,800 for each litigation case resolved during the program year after base funding in the amount of $1,058,000 is exceeded for the program year.