Migration Amendment – Establishment of the Administrative Review Tribunal (ART)

The “Migration Amendment (Administrative Reviews Tribunal Consequential Amendments) Regulations 2024” introduces significant reforms to ensure a complete and sufficient process for administrative review instances, enhancing the efficiency of administrative review processes for all migration and protection issues, especially those of immediate concern. As such, the amendments introduction of the ART aims to address and ameliorate the insufficiency of the Administrative Appeals Tribunal (AAT). The ART will have authority and be acting as the centralised body to handle migration appeals / reviews, superseding the AAT, effective from the 14th of October, 2024.

Key amendments introduced are:

• The establishment of the ART in place of the AAT in an effort to improve the administrative appeals process for individuals.
• Simplification of application processes for review by the ART, assisting applicants in composing applications which engage greater to the tribunal, as well as easing its ability to process applications through simple submissions.
• Fee leeway for individuals experiencing financial hardship. Per the amendment, the threshold of financial hardship has been significantly lowered to advocate and ease the process of submitting review applications, changed from “severe financial hardship” to “financial hardship”.

These changes advocate to Australia’s human rights obligations and relations, ensuring the fair processes for administrative reviews, enhancing its effectiveness as well as its accessibility for all individuals.

Are you seeking a review with the AAT ?

If you’re seeking a review or merits for a review with the AAT on a cancelled or refused decision on an Australian visa, don’t hesitate to contact Alton Legal for professional advice.