Abbott defends Dutton over tribunal spray

Tony Abbott has backed Immigration Minister Peter Dutton's claims that members of the Administrative Appeals Tribunal are influenced by politics.

File image of Immigration Minister Peter Dutton

File image of Immigration Minister Peter Dutton Source: AAP

Tony Abbott has come out swinging in support of Immigration Minister Peter Dutton after he questioned the independence of a bureaucratic review board.

"Thank God for Peter Dutton," the former prime minister said as he commented on the stoush from Israel on Wednesday.

Mr Dutton has been slapped down by the legal community after expressing frustration about some of the judgments by the Administrative Appeals Tribunal relating to his decisions on visas.

It followed reports the tribunal blocked his bid to deport six refugees who returned to Iran for a holiday despite claiming their lives would be at risk there.

Almost two-fifths of Mr Dutton's decisions or those made by a delegate have been overturned this past year, including relating to visa cancellations.

He suggested politics played a role.

The minister noted tribunal president Duncan Kerr - whose term expired on Monday - was a former federal Labor MP.

He expected the rejection rate would change over time as the Turnbull government made new appointments.

Mr Abbott echoed those comments, telling 2GB it was hard to see the justification for some of the tribunal's decisions.

"Peter Dutton is doing a wonderful job - he is doing his best to keep our country safe and it seems the AAT is, more often than not, not supporting him," he said.

"Let's hope that over time we have people on these tribunals that reflect the decent instincts of the wider Australian community."

Justice Kerr said it would be wrong to respond to Mr Dutton's comments about his personal conduct but felt it important to stand up for the tribunal.

"It would be hard for anyone else to speak on their behalf and to defend what they're doing," he told ABC radio on Wednesday.

"They don't just make the law up, they apply the law (as) determined by the parliament and supervised by the court."

He said the system gave Australians the unique right to have decisions by government officials and ministers - at times - reviewed by an independent tribunal, whose decision could also be challenged in the courts.

"It's a hierarchical system and the AAT sits in the middle of that looking to get the correct and preferable decision to enhance good government."

The Law Council of Australia has warned Mr Dutton's comments could undermine the standing and independence of the tribunal.

"Members of the government may disagree with decisions made by the AAT but the courts and tribunals provide an important check upon the unlawful exercise of power," council president Fiona McLeod said.

"Any suggestion by government that Australian jurists are not acting with independence is dangerous and erosive to our justice system and lies outside Australia's democratic tradition."

She said it undermined public perceptions of the role of the judiciary and weakened the rule of law.


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Source: AAP


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