Individuals who have a visa refusal generally have the right to apply for a review within 21 days of their visa refusal. This right to review has occurred at the long running Administrative Appeals Tribunal (AAT). Whilst minor changes have been made, the AAT has been in existence and one time or another since 1 July 1976.
The Australian Government is now set to revolutionize its administrative review system with the establishment of the Administrative Review Tribunal (ART), following the recent royal assent of the legislation. This is the most comprehensive overhaul and this new body will replace the AAT, marking a significant shift aimed at enhancing efficiency, transparency, and fairness in administrative reviews.
Background and Rationale
The decision to replace the AAT stems from multiple criticisms that have been directed at the tribunal over the years. The AAT faced significant issues such as long processing times, lack of transparency in the appointment of tribunal members, inconsistent decision-making, and accessibility challenges for applicants. These issues prompted the government to seek a more streamlined and reliable system.
Key Features of the ART
The ART is designed to address the shortcomings of the AAT with several key improvements:
Merit-Based Appointments: A transparent and merit-based process will be implemented for appointing tribunal members, ensuring that appointments are made based on qualifications and expertise rather than political considerations.
Reinstatement of the Administrative Review Council: This body will play a crucial role in overseeing and advising on the operation of the administrative review system, helping to ensure its integrity and effectiveness.
Abolition of the Immigration Assessment Authority: By eliminating this separate body, the ART aims to streamline the review process for immigration and refugee matters, making it more coherent and consistent.
Enhanced Transparency and Accountability: The new system includes measures such as requiring public responses from relevant entities to systemic issues identified by the tribunal, and a review of the enabling legislation within the first five years.
Public Consultation and Legislative Passage
The reform process has involved extensive public consultations and input from various stakeholders, including the Law Council of Australia. The legislation to establish the ART passed through Parliament with amendments that reflect recommendations for improving the accountability and transparency of the tribunal.
The Law Council of Australia has praised these reforms, emphasizing that they are likely to promote greater integrity, accessibility, consistency, flexibility, and transparency in Australia’s administrative law framework.
Implementation and Future Prospects
With the royal assent granted, the ART is now set to be implemented, with operations expected to commence by the end of 2024. This transition marks a new era in administrative review in Australia, with the ART poised to provide a more effective and fair system for handling administrative disputes.
As the ART begins its operations, it remains to be seen how effectively it will address the issues that plagued its predecessor. However, the comprehensive reforms and the emphasis on transparency and merit-based appointments suggest a promising future for the new tribunal.
For more information, you can visit the official Attorney-General's Department website.
⚖️ Lawyer Ceren Guney +61 448 412 210 | +90 546 946 38 11
📚 Registered Migration Agent Feriha Guney MARN 0960690 +61 477 524 039
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