Announced in the 2024/25 federal budget was the establishment of the Administrative Review Tribunal (ART). The Administrative Review Tribunal will replace the Administrative Appeals Tribunal and will address court backlogs associated with the high number of applications for judicial review of migration decisions.
Existing Administrative Appeals Tribunal funding and an additional $206.5 million (spread over four years) will be passed on to the Administrative Review Tribunal.
What is the Administrative Appeals Tribunal?
The Administrative Appeals Tribunal (AAT) conducts independent merits reviews of administrative decisions made under Commonwealth laws. The AAT reviews decisions made by Australian Government ministers, departments and agencies prior to them going to the Federal Court.
Why is the Administrative Review Tribunal Replacing the Administrative Appeals Tribunal?
The Administrative Appeals Tribunal has struggled over recent years for various reasons, one of which was its public standing. There were many reasons why there was a lack of public faith in the AAT including the non-merit-based appointment of members and its slow management of the visa appeals process.
The Administrative Review Tribunal will continue the work of the Administrative Appeals Tribunal in reviewing decisions made under Commonwealth laws. It will have flexible powers and procedures that best meet the needs of applicants. The ART will play a vital role in protecting the rights and interests of the members of the community and ensuring the government and public service act within the bounds of the law.
The Tribunal will be required to provide an administrative review that:
- Is fair and just
- Resolves applications in a timely manner with as little formality and expense as possible
- Is accessible and responsive to the needs of each party
- Improves the transparency and quality of government decision making
- Promotes public trust and confidence in the Administrative Review Tribunal
What Happens to Cases That Are Currently Before the Administrative Appeals Tribunal?
The Administrative Appeals Tribunal will continue to operate as normal while the Administrative Review Tribunal is established. Cases that are currently before the AAT will continue with many of these cases being decided or finalised before the AAT is abolished. Any decisions made by the Administrative Appeals Tribunal will remain final and valid.
Once the Administrative Review Tribunal is established, any remaining cases will transition to the new body. Further information regarding the transition process will be provided to applicants before the new body is established.
The Administrative Review Tribunal will be user-focused, efficient, accessible independent and fair. The Administrative Review Tribunal is set to commence prior to the end of 2024.
To learn more about migration to Australia, contact the experienced team of registered migration agents at Visa Solutions Australia. Book a consultation.
