Finally Gone: The Abolishment of the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA)
One of the most important developments in the year of 2024 for migration was the abolishment of the Administrative Appeals Tribunal (the AAT) and the Immigration Assessment Authority (the IAA).
Now, I guess the question most people ask is what will happen to all my matters? They can’t just remove two (2) cornerstone vehicles of migration appeals in Australia. That is correct to a certain extent. Whilst the AAT and the IAA have been abolished, they have been replaced with a new shiny tribunal known as the Administrative Review Tribunal (the ART) on 14 October 2024. As such, all existing matters with the AAT and the IAA which were not decided before 14 October 2024 have been automatically transferred to the ART and will continue at that tribunal.
The Revised Explanatory Memorandum to the Administrative Review Tribunal Bill 2024 provides that the “Tribunal would be required to pursue the objective of providing an independent mechanism of review that:
is fair and just
ensures that applications for review are resolved as quickly, and with as little formality and expense, as a proper consideration of matters before the Tribunal permits is accessible and responsive to the diverse needs of parties to proceedings
improves the transparency and quality of government decision-making, and
promotes public trust and confidence in the [ART].”
As such, the essence of the introduction of the ART is to uphold one of the essential elements of the rule of law, being ‘Access to Justice’. One way it seeks to do this is by establishing the Guidance and Appeals Panel (the GAP) and allowing appellants an opportunity to have the Tribunal’s decision reviewed by the GAP under section 128 of the Administrative Review Tribunal Act 2024 (Cth) (the ART Act), essentially a second review opportunity within the tribunal framework. However, this can only be done in two (2) instances pursuant to section 128(2) of the ART Act. These instances are as follows:
the tribunal’s decision raises an issue of significance to administrative decision‑making; or
the tribunal’s decision may contain an error of fact or law materially affecting the tribunal’s decision.
However, this “second review” does not apply to most migration decisions. As such, the above objectives may seem like an empty promise for migration review applicants. This is especially the case since the standard prescribed fee for applying to the ART is $1,121.00 (subject to exceptions) pursuant to the Administrative Review Tribunal Rules 2024 (Cth) dated 17 September 2024 (the ART Rules). However, rule 21 of the ART Rules provides that the division relating to the fees for applying to the ART does not apply in relation to a review of a ‘reviewable migration decision’ and a ‘reviewable protection decision’ as defined in the Migration Act 1958 (Cth). At the time of writing, the fee for applying to the ART for most migration decisions as published by the ART is AUD 3,496.00. This was the same cost for applying to the AAT previously. However, this is due to the costs of appealing being dictated by the Migration Regulations 1994 (Cth) as opposed to the legislative framework of the ART.
How Can Agape Henry Crux Help
If you recently received a negative visa decision and would like to appeal the decision to the ART, 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.
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