A High Court judge has expressed sympathy for members of the Refugee Appeals Tribunal over the extent of their workload.
A system which permitted one member of the tribunal, Mr Joseph Barnes, to build up in November 2003 a backlog of 90 appeals for determination was not contemplated by the Refugee Act 1996, Ms Justice Finlay Geoghegan said yesterday.
The chairman of the Refugee Appeals Tribunal had attempted to address this situation, which had built up before his appointment. However, the judge said she regretted that she must conclude that the chairman's decision to reassign to another tribunal member two appeals, which had been heard by Mr Barnes but not determined, was in excess of the chairman's powers.
The judge was giving her reserved judgment on applications by an Algerian man and a Nigerian woman for court orders compelling Mr Barnes to make and deliver his decision on their appeals against refusal of refugee status.
Both applicants also sought orders quashing the chairman's decision to reassign both appeals to Mr James Nicholson. Mr Nicholson had not proceeded with the hearings because of the legal action.
Ms Justice Finlay Geoghegan held that once a member of the tribunal conducted an oral hearing of an appeal assigned to them or considered an appeal, they were obliged to determine that appeal and to do so within a reasonable period.
The chairman had reassigned to other tribunal members appeals heard by Mr Barnes because of a backlog in cases. The judge said that when the chairman took that decision, there was no evidence that his view was that Mr Barnes could not issue a valid determination on the applicants' appeals.