Australia’s New Administrative Review Tribunal: A Game-Changer for Visa Appeals

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Australia’s administrative law system is undergoing a major transformation with the launch of the Administrative Review Tribunal (ART). Effective from 14 October 2024, this new body is designed to simplify and streamline the process for appealing federal government decisions. This newsletter highlights key aspects of the change and its implications.

What is the new Administrative Review Tribunal (ART)? ??

The ART consolidates various tribunals, including the Administrative Appeals Tribunal (AAT), to create a more efficient review process. The new system aims to address the complexity and delays of the previous system, offering a more accessible avenue for justice.

This transition marks a significant milestone in federal administrative law. Starting from 14 October 2024, all pending and new applications will be managed by the ART, streamlining the process and reducing case backlogs.

Changes to the Migration Division ??

One of the major areas impacted by the ART's establishment is the Migration Division, which will continue to handle visa and migration-related appeals, much like the AAT’s current Migration and Refugee Division. However, there are a few key changes:

• Flexible Case Management: Under the ART, the Migration and Protection divisions will be structured as jurisdictional areas, allowing greater flexibility in case allocation and management. The ART President will have the authority to create sub-lists within these divisions, improving the efficiency of handling cases by grouping similar types of cases together and assigning the appropriate members to them. This is a significant shift from the more rigid division structure of the AAT.
• Application Deadlines: For migration decisions, applications must still meet strict timeframes—seven days for individuals in immigration detention and 28 days for others. These deadlines remain unchanged from the current system. If your application is not submitted in time or is missing required documents, the ART will not have the authority to review it.
• Jurisdiction Over Migration and Refugee Cases: The ART will handle a wide range of migration-related appeals, including visa refusals and cancellations under the Migration Act 1958. As in the AAT, character-related decisions, such as visa refusals based on section 501 of the Migration Act, will be reviewed separately within the General Division.

What Happens to My AAT Case? ??

If your case is currently before the AAT or if you lodge a new application before 14 October 2024, it will continue to be managed by the AAT. Many cases are expected to be finalised before the ART launches.

However, if your case remains unresolved by 14 October 2024, it will automatically transfer to the new ART. You won’t need to take any action—your case will continue seamlessly, and you’ll receive updates and notifications from the new Tribunal.

FAQ About the New ART

??Are AAT Decisions Still Valid? All decisions made by the AAT up until 14 October 2024, when the ART takes over, will remain valid and final unless appealed in court. If you’ve received a decision from the AAT, it will stand and there is no need for further action unless you wish to pursue an appeal through the courts.

??Can I Have My AAT Case Reviewed Again by the ART? In general, if your case has already been reviewed by the AAT and a decision was issued, the new ART will not re-examine your case. If you wish to appeal the AAT’s decision, check your notification letter for appeal options or seek legal advice to explore your court appeal rights.

??Can I Still Submit a New Application for Review? Yes, you can continue to submit new applications for review to the AAT until the ART begins operation. If your application is still pending by 14 October 2024, it will automatically be transferred to the ART. You won’t need to apply again, and your case will be processed seamlessly by the new Tribunal.

Concluding Remarks

In conclusion, despite the notable similarities between the AAT and the ART, significant distinctions also exist.

The ART aims to alleviate the backlog of appeals and expedite processing times, which could significantly affect migrants. This change is especially beneficial for applicants who have been waiting for over 3 years for their appeals to be resolved. Due to the AAT's backlog, some individuals have opted to reapply for their refused visas instead of pursuing an appeal, a strategy that often incurs higher costs. Now, applicants who can choose between reapplying and appealing to the ART may be more inclined to pursue the latter. However, it remains unclear what the processing times for the ART will be, and we will only know more after October 2024.

We eagerly anticipate engaging with the forthcoming changes brought about by the ART.

Should you have any questions or concerns about your current AAT appeals or you have an interest in appealing Home Affairs' decisions on your visa, contact us today for expert advice on your next step ??

Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.

Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.