Administrative Review Tribunal (the ART), The New AAT – Latest Changes and How It Impacts Your Visa
On 14 October 2024, Australia will establish the Administrative Review Tribunal (ART), replacing the current Administrative Appeals Tribunal (AAT). This reform marks a significant change in Australia's administrative review system.
ART’s Main Objectives
Provide a fair and just administrative review;
Deal with the applications in a timely manner, with less formality and expenses;
More accessible and responsive to the needs of different parties;
Improve the quality of the government’s decision-making and make it more transparent to the public; and
Gain more trust and confidence in the public.
This article outlines the key changes of ART and implications if you have an existing application with the AAT, or are about to make an application to the AAT.
What happens to my AAT appeal after 14 October 2024?
The ART will review the same types of decisions as the AAT. Existing AAT cases will automatically transition to the ART on the effective date, and no further action is required from applicants. Meanwhile, applicants may continue to seek reviews during the transition.
Where do I appeal Visa decisions to?
If the AAT issues a decision, the matter is final and cannot be reconsidered by the ART. However, applicants can appeal to federal courts within 28 days (35 days for migration decisions) or request an extension.
What are the New Legislation and Key changes?
The ART Rules and Regulations are set under the Administrative Review Tribunal Act 2024 (ART Act). This Act established the foundation of the ART and the re-introduction of the Administrative Review Council.
Re-establishment of the Administrative Review Council (ARC)
The Administrative Review Council (ARC) is formed by the President, the Commonwealth Ombudsman, the Australian Information Commissioner and 3 up to 10 additional members. The purpose of the ARC is to closely monitor the integrity and operation of the Commonwealth Administrative law system and make proper enquiries and reports on any systemic issues in the making of administrative decisions. It also provides relevant education and training for the Commonwealth officials.
Guidance and Appeals Panel (GAP)
The Guidance and Appeals Panel (the GAP) will address significant issues and material errors in Tribunal decisions. It is to ensure consistency of the Tribunal’s decision-making and give rapid responses. The GAP is not bound by the errors made in the original ART decision. They are allowed to gather new evidence and make their own findings for the case. There are two circumstances in which the president can refer a proceeding to the GAP:
An application not yet been heard by the ART (s.122 ART Act); or
ART’s decisions that may contain an error of fact or law, may be eligible for a second review (s.128 ART Act).
Jurisdictional Areas and List - Unified Case Management System
The current nine AAT jurisdictions will be replaced by eight practice areas in ART, enhancing resource allocation based on varying caseloads.
196 Jurisdictional areas and lists
(1) The following jurisdictional areas of the Tribunal are established:
(a) General:
(b) Intelligence and Security;
(c) Migration;
(d) National Disability Insurance Scheme;
(e) Protection;
(f) Social Security:
(g) Taxation and Business;
(h) Veterans' and Workers' Compensation.
(2) The President:
(a) may establish one or more lists as subareas within a jurisdictional area; and
(b) may abolish any such list.
Performance Standards
Another key reform of the ART Act is the Minister can recommend the termination of a member’s appointment if a serious breach of performance standards or codes of conduct is found. This new provision is to ensure the members of ART maintain their expertise and uphold their performance standards to a certain level.
Merit-based Selection and New Appointments to the ART
The new transparent merit-based system in selecting ART members is another highlight of the reform. All ART members will be selected through a competitive and merit-based process with public advertisement that conducted by an assessment panel. It is required to assess the candidates’ skills, expertise, experience and knowledge for the specific role of ART.
All the existing staff of AAT will transit to the ART on the same terms and conditions on 14 October 2024 to provide a seamless transition.
The government proposes a further 43 new appointments to the new ART panel, which will comprise 18 Senior Members and 25 General Members, subject to the Governor-General’s approval. The terms will be announced on the day of the ART’s commencement.
The new appointment and system aim to enhance capacity to the panel to handle cases effectively and timely.
How Can Agape Henry Crux Help
If you are uncertain how the ART changes may affect your visa matter, contact us at Agape Henry Crux, our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.