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Introduction to the Administrative Review Tribunal (ART)
Beginning 14 October 2024, the Administrative Review Tribunal (ART) will assume the responsibilities of the Administrative Appeals Tribunal (AAT) in overseeing migration-related reviews. Governed by the Migration Amendment (Administrative Review Tribunal Consequential Amendments) Regulations 2024, this transition introduces significant updates aimed at improving the efficiency and accessibility of the review process.
Transition to the ART
All cases that are before the AAT will automatically transfer to the ART, requiring no action from involved parties.
Applicants should continue to manage their cases through the AAT website until the transition occurs. Those who apply for a review before the ART commences and use an online services account will retain access to their documents and case information in the same way.
Common questions:
- Will the AAT continue to operate? Yes, the AAT will continue to operate normally until the ART begins on 14 October 2024
- What will happen to active cases? Any active cases as of 14 October 2024 will automatically transfer to the ART without requiring any action from applicants.
- Are previous AAT decisions still valid? Yes, all decisions made by the AAT before the ART’s commencement remain valid and final unless appealed.
- Can a case reviewed by the AAT be reconsidered by the ART? No, cases that have already been reviewed by the AAT cannot be reconsidered by the ART. Appeals should follow the guidelines provided in the original decision notification.
- Can applications still be submitted before the ART takes over? Yes, any applications submitted before 14 October 2024 will be transferred to the ART.
For more details, visit the ART transition page.
Fee structure under ART
Under the ART, most of the AAT’s fee structures remain in place, though key changes have been made to reduce financial burdens on applicants.
- Fee reduction for financial hardship: the threshold for reducing review fees by 50% has been lowered from ‘severe financial hardship’ to ‘financial hardship.’ This aligns with ART’s broader goal of making the review process more accessible.
- Protection visa review fees: applicants seeking a review of a protection visa decision must pay the required fee within a 7-day window after being notified of the decision by the ART. However, if the ART remits the matter back to the Department, no fee will be required, consistent with existing IAA provisions.
Efficiency improvements under ART
The new regulations under ART focus on improving procedural efficiency and clarity for migration and protection visa reviews.
- Standardisation of timeframes: the replacement of ‘working days’ with ‘days’ simplifies the calculation of deadlines, particularly for individuals in immigration detention. This change aims to eliminate confusion and ensure a more straightforward application of time limits.
- Remittance powers: the ART now has the authority to remit visa nomination-related matters back to the Department with specific orders, expediting decisions and reducing delays in the review process.
- Abolition of the Immigration Assessment Authority (IAA): the IAA, which previously handled fast-track reviews of certain protection visa decisions, will be abolished, with its functions integrated into the ART. This change is designed to create a more streamlined process.
Expectations for applicants under ART
Applicants seeking a review from the ART will need to meet the updated documentation and procedural requirements. The ART will oversee reviews of both migration and protection visa decisions, offering streamlined processes designed to improve accessibility and efficiency.
For more comprehensive guidance on ART processes and the regulatory framework, view the full legislation here.
For further assistance with migration and visa matters, contact the team at admin@absoluteimmigrationlegal.com.