Administrative Review Tribunal - FED

The Administrative Review Tribunal (ART) commenced on 14 October 2024. It replaced the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA) which are both abolished. The new tribunal was set up with the stated objective of providing an independent mechanism for review that:

• is fair and just;
• ensures that applications to the tribunal are resolved as quickly, and with as little formality and expense, as a proper consideration of the 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 tribunal.

The ART consists of a President and a Deputy President, both of whom must be judges, as well as senior members and general members. The tribunal's governing legislation is the Administrative Review Tribunal Act 2024 (the Act) and the Administrative Review Tribunal Regulations 2024 (the Regulations). Provisions of other legislation can apply in addition to or instead of the Act. The Migration Act 1958 contains several such provisions. The Minister has rule-making power under the Act, and the President of the ART can make practice directions.

Publication updates – Immigration

The Administrative Review Tribunal deals with matters including reviewable migration decisions and reviewable protection decisions. The By Lawyers Immigration guide has been updated accordingly. Changes concerning how reviews of visa decisions are dealt with include:

• The divisions of the previous tribunal have been replaced with eight jurisdictional areas, one of which is migration. Lists within each jurisdictional area led by a Deputy President or Senior Member will focus expertise on particular types of applications.
• The procedures of the tribunal are harmonised and contained in the Regulations, the Rules and Practice Directions.
• Fast-track reviews under the provisions of Part 7AA of the Migration Act 1958 in relation to protection visa decisions, previously dealt with by the IAA, are no longer available and the provisions have been repealed.
• Reviews under Parts 5 and 7 of the Migration Act 1958 are now heard by the Administrative Review Tribunal.
• Appeals and reference of questions of law can be made from the ART to the Federal Court under Part 7 of the Act.
• A guidance and appeals panel has been established consisting of senior tribunal members to review tribunal decisions if there is an issue of significance to administrative decision-making, or an error of fact or law materially affecting the tribunal's decision.
• The ART is subject to monitoring by the newly established Administrative Review Council with regard to the overall administration of justice, not individual decisions.

Commencement and transitional provisions

The new law applies to all new and existing cases from 14 October 2024. Proceedings commenced in the AAT of IAA under the old statutory regime will automatically be transferred to the ART and dealt with under the new law. Proceedings for review of a reviewable protection decision previously fast-tracked by the IAA will be continued and finalised by the ART. New forms will be created, but the old forms can continue to be used for review applications after 14 October 2024.