The Australian Government is introducing the Administrative Review Tribunal (ART), which will begin operations on October 14, 2024. The ART will replace the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA).
Administrative review is the process by which individuals can challenge decisions (e.g., visa refusals) made by government entities that affect them. This review aims to ensure that decisions are fair, lawful, and made according to proper procedures. It provides a mechanism for correcting errors and ensuring accountability in government decision-making, including migration, protection and citizenship decisions.
The Administrative Appeals Tribunal (AAT) has traditionally been the primary body conducting these reviews, offering an independent merits review of administrative decisions made under Commonwealth laws. The AAT has been affected by lengthy processing backlogs, among other issues. This has left many appellants waiting for years for the AAT to hear their case.
The Government made a commitment to reform the AAT. Legislation to abolish the AAT and replace it with the ART passed the Parliament in May 2024. From October 2024, the ART will assume the AAT's responsibilities to process appeals of migration and citizenship decisions made by the Department of Home Affairs.
Key Changes for Migrants
Streamlined application process: The ART will offer a more straightforward application process, reducing the complexity and time involved in seeking a review of migration decisions.
Cases currently before the AAT, including those with the IAA, will be automatically transferred to the ART.
Decisions previously made by the AAT, including the IAA, are considered finalised. Matters previously decided by the AAT will only be reviewed by the ART if they are remitted following judicial review by the courts.
Timeframes to Apply for merits review under the ART will change. These will be communicated in notification letters.
Fee Adjustments: The ART will lower the threshold for fee reductions from “severe financial hardship” to “financial hardship,” making the review process more accessible to migrants facing financial difficulties.
Tackling Backlogs The Australian government has allocated funding to the ART to address existing backlogs in migration-related judicial reviews, aiming for more efficient and timely case resolutions.
Our Take
The ART's goal of reducing the backlog of appeals and processing times is likely to have a profound impact on migrants. This is certainly a welcome change for some applicants who have been waiting for more than 5 years for their appeals to be finalised. Other individuals may be less pleased if ART's promise becomes a reality.
In many cases, applicants who are onshore and have had their visa application refused are permitted to remain in Australia during the processing of their appeal. The Bridging visas associated with these appeals often come with work rights.
A quick resolution of an appeal may be bad news for the applicant if the outcome is to affirm the refusal of the visa application. Those who counted on long waiting times at the AAT while they continue to live and work in Australia may realise that they are required to leave earlier than they had expected.
The AAT's processing backlog have at times pushed some people to re-apply for the visa that has been refused instead of appealing. This strategy is often more expensive. Those who can choose between re-applying and appealing to the ART, may now be more inclined to appeal. At this stage it is not possible to tell what the ART's processing times will be. That remains to be seen after October 2024.
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For more information please Contact Us or email elan@ryshermigration.com.au
Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration. Being a former migrant himself, Elan is passionate about helping others fulfil their Australian dream.
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