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264: Recognition of special advocates
or “How the government recognises lawyers who can handle secret information in legal cases”
You could also call this:

“Choosing a lawyer to help when secret information is used in immigration decisions”

When someone makes a decision about you using secret information, and you might want to appeal that decision, the Minister or a refugee and protection officer must tell a special agency. This doesn’t apply to decisions made by the Tribunal.

The special agency will give you the names of at least three special advocates within three days of you appealing the decision. These special advocates must be available to help you.

If secret information is used in a Tribunal appeal, or if you appeal a Tribunal decision that used secret information, or if you want to review any decision that used secret information, the government will tell the special agency.

The special agency will then give you at least three names of special advocates within three days. You have seven days to choose one of these special advocates. If you don’t choose one, the government will arrange for a special advocate to help you.

Remember, this process is to help you when secret information is used in decisions about you. The special advocate is there to support you and make sure your rights are protected.

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Next up: 266: Appointment of special advocate for purposes of Part 9 proceedings

or “Special advocate appointed to help with cases involving secret information”
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Part 7 Appeals, reviews, and other proceedings
Special advocates

265Appointment of special advocate in individual case

  1. The Minister or a refugee and protection officer (as appropriate) must notify the designated agency if it is likely that a decision under this Act (other than a decision on appeal to, or in relation to a matter before, the Tribunal)—

  2. will be made relying on classified information; and
    1. may be subject to appeal.

      1. The designated agency must provide the names of no fewer than 3 possible special advocates to a person who is the subject of a decision under this Act (other than a decision on appeal to, or in relation to a matter before, the Tribunal)—

      2. if the decision relies on classified information and a person subject to the decision appeals it; and
        1. not later than 3 days after the person lodges the appeal.

          1. The designated agency must not provide the name of a special advocate unless the special advocate is reasonably available, having regard to the time frames in this Part.

          2. The chief executive or the Minister (as appropriate) must notify the designated agency if—

          3. classified information is first raised or proposed to be raised in the course of an appeal to, or a matter before, the Tribunal; or
            1. a person appeals against a decision of the Tribunal and the Tribunal relied on classified information in making the decision; or
              1. a person brings review proceedings in relation to any decision made under this Act and the decision maker relied on classified information in making the decision.

                1. The designated agency must provide the names of no fewer than 3 possible special advocates to the appellant, applicant, or affected person, as the case may be, no later than 3 days after receiving a notification under subsection (4).

                2. An appellant, applicant, or affected person, as the case may be, must determine whether to appoint a special advocate, and which special advocate to appoint, and notify the designated agency accordingly, not later than 7 days after being notified of the names of possible special advocates.

                3. If the appellant, applicant, or affected person does not appoint a special advocate, the Department must make arrangements with the designated agency for a special advocate to be available on behalf of the person.

                4. Subsection (6) does not apply if the appellant or applicant is the Minister, the chief executive, or a refugee and protection officer.