Effective from 14 October 2024, the Administrative Review Tribunal’s (ART) new Migration, Protection, and Character Practice Direction 2024 outlines standardised procedures for reviewing migration, protection, and expedited character decisions under the ART Act 2024. Issued by ART President Justice Emilios Kyrou AO, this practice direction is designed to promote transparency, fairness, and efficiency in ART’s handling of review applications, benefiting both applicants and practitioners.
Key Highlights of the Practice Direction:
- Structured Application Process:
Applicants must submit detailed applications according to ART’s requirements, including prescribed forms, supporting documents, and applicable fees. This clarity on submission standards is intended to prevent delays and ensure timely reviews.
- Expedited Character Review Deadlines:
The direction sets strict timelines specifically for expedited character reviews. Applicants have a nine-day window from notification to lodge their application. Further, ART must issue a final decision within 84 days of receiving the application to ensure swift resolution in critical cases.
- Defined Role for the Minister:
This Practice Direction provides conditions under which the Minister may or may not participate in migration and protection proceedings. While the Minister generally adopts a non-participating role, certain cases may require active involvement, ensuring flexibility for cases with unique circumstances.
- Guidance for Family Applications:
ART’s guidelines cover cases involving family members, promoting consistency and fairness across related applications. Family cases may be heard together if requested, simplifying the process for applicants with interconnected applications.
The ART’s 2024 Practice Direction is crucial for those engaged in migration law, compliance, and legal practice, supporting the delivery of efficient and equitable outcomes across review cases. This update reinforces ART’s commitment to transparency and consistency, ensuring that all parties have a clear understanding of review expectations.
For further assistance with migration and visa matters, contact the team at admin@absoluteimmigrationlegal.com.