Administrative Review Tribunal (ART) replaces Administrative Appeals Tribunal (AAT)

It is common knowledge that businesses and/or persons whose applications are refused by the Department of Home Affairs, including sponsorship, nomination and visa applications may have a right to apply to an administrative tribunal for merits review (i.e. lodge a review application) for the reconsideration of their application.

On 14 October 2024, the Administrative Review Tribunal (ART), a new federal administrative review body replaced the Administrative Appeals Tribunal (AAT), with all current matters previously before the AAT now transferred to the ART. Persons who had existing review applications before the AAT do not need to do anything as their matters have now been automatically transferred to the ART, with the exception of review applications that were already finalised by the AAT.

The commencement of the ART is part of a significant reform to Australia’s system of administrative review that includes:

• a transparent and merit-based appointments process

• additional members to address existing backlogs

• sustainable funding arrangements

• a single, updated case management system to address critical business risks

• procedural efficiencies and process improvements

• support services with an emphasis on early resolution where possible

Some notable changes to the review application process include the ability to -

• lodge a review application by email (with the completed paper application form) in addition to other electronic and paper lodgement methods

• inform the Tribunal about separate applications involving family members and consent to the applications being heard together

• request an expedited decision where:

  • the applicant has applied for review of a migration or protection decision to refuse to grant a visa; and

  • the visa was refused on the basis that the applicant did not meet one or more criteria; and

  • the applicant can provide documentary evidence that objectively demonstrates the criterion or criteria are now met.

Additionally, the Attorney-General has informed that the ART will have more resources to deal with matters more quickly, must consider accessibility and user needs in how it approaches reviews, has more ways to keep reviews moving efficiently (including registrars being able to help with management of proceedings) and has a new guidance and appeals panels (which can consider reviews that have wider impacts for a lot of people) and can review some Tribunal decisions a second time if there might have been a mistake. This suggests that review applicants may now be looking at significantly reduced processing times at the ART.

Our experienced immigration lawyers have supported many businesses and prospective migrants with the review application process and represented them at the hearing of their review application with great success. Should you wish to discuss your eligibility to apply for review of a refused visa application, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.