On 14 October 2024, the Australian Government replaced the Administrative Appeals Tribunal (AAT) with the new Administrative Review Tribunal (ART), marking a significant shift in the country’s merits review process. The ART now serves as the independent body reviewing decisions made by various Australian Commonwealth Government departments, including the Department of Home Affairs. This change impacts both migration and protection visa applicants who seek review of decisions made regarding their visa status.
What is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) is designed to handle the merits review of decisions made by government departments, focusing on transparency, efficiency, and accessibility. It replaces the Administrative Appeals Tribunal (AAT), and its purpose remains largely the same—providing an independent review of decisions related to migration, protection, and other areas of administrative law.
For visa holders, the ART can be approached to review a Department of Home Affairs decision regarding visa applications, refusals, cancellations, or other visa-related matters.
Client Merits Review File Request
With the introduction of the ART, eligible clients involved in a merits review process for migration or protection decisions can request a copy of their review file. This review file is critical for applicants as it provides a complete record of the Department of Home Affairs’ decision, including important documents, application forms, and relevant supporting materials. However, personal information protected under the Privacy Act 1988 or privileged information will not be included in the file.
Eligibility Criteria for a Review File Request
To request a review file, applicants must meet the following criteria:
- The client must have a pending merits review application with the ART.
- The review must relate to a migration or protection decision made by the Department of Home Affairs.
- Eligible clients can include an individual listed in the application or a sponsor/nominator connected to the visa decision.
The review file will provide valuable insights into the Department’s decision-making process, enabling applicants to better prepare for the ART review.
Key Changes with the Introduction of ART
The move from AAT to ART brings several procedural and administrative updates:
- Merits Review Process: ART will provide an independent review of decisions with a more streamlined and focused process for migration and protection cases.
- Filing Requests: Clients can request a copy of their review file using an online form. This ensures that the process is digital and easily accessible.
- Eligibility for Review File: Only those with a pending review related to migration or protection matters are eligible. If the review is related to decisions outside these categories, clients must contact the relevant department separately.
- Exclusions: Reviews related to citizenship outcomes or decisions made on character grounds are not eligible for review file requests through this process.
How to Submit a File Request
Applicants seeking a copy of their review file can submit a request using the online form available on the Department of Home Affairs website. The form requires detailed information, such as:
- Tribunal Reference Number: Provided by the ART upon successful application for review.
- Evidence of Identity: Required for both the applicant and any third parties included in the request.
- Family Members or Third Parties: If family members or other individuals are included in the review, their consent and identity verification will also be necessary.
Important Note: Priority will be given to requests where there is an upcoming ART hearing date or special directions have been issued by the Tribunal.
Impact of ART on Visa Reviews
The ART will oversee review requests for a variety of visas, including skilled visas, protection visas, and other migration-related decisions. It is expected that the ART’s streamlined processes will lead to more efficient decision-making, benefitting applicants who rely on merits review to challenge negative decisions from the Department of Home Affairs.
In conclusion, the Administrative Review Tribunal (ART), replacing the AAT, introduced an updated system for reviewing visa decisions in Australia. If you have any questions or require assistance in navigating the new ART processes for your visa review, Kris Ahn Lawyers is here to help. Our experienced team can guide you through the complexities of the merits review process and ensure your application is handled with care and expertise.
Contact Kris Ahn Lawyers today to book a consultation and receive the legal support you need during this transitional period for Australian migration law.
Relevant Links:
- Administrative Review Tribunal (ART) Website
- Department of Home Affairs Review File Request Information
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
