Introduction to Administrative Review Tribunal (ART) Replacing Administrative Appeals Tribunal (AAT)
The Administrative Review Tribunal, or ART, is the new body that replaces the Administrative Appeals Tribunal (AAT), which was abolished on 14 October 2024. So, if you’re wondering how to appeal a visa refusal following this update, the Administrative Review Tribunal is the answer.
The transition from AAT to ART might confuse you, so ONE derland Consulting has summarised some critical updates about the transformation and its implications on the visa application process.
What is the Administrative Review Tribunal?
Administrative Review Tribunal is the new review body that replaced the Administrative Appeals Tribunal. They independently examine administrative decisions made by different Commonwealth statutes. It implies that if you disagree with a decision made by an Australian government, department, ministry, or agency, they give you a chance to review it. They have the authority to accept the first decision, alter it, or develop a new one. So, after reviewing your case, they will make one of the following decisions:
- Affirm: the ART agrees with the initial decision.
- Vary: the ART modifies the initial decision in some manner.
- Set aside: the ART partially or completely modifies the initial decision.
- Remit: the ART returned the decision to the first decision maker for further review.
Commencement of Administrative Review Tribunal
The Administrative Review Tribunal (ART) officially replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024, which means the AAT was formally abolished on the same date. The ART will be impartial, independent, accessible, efficient, and user-focused, ensuring a fair process for all.
All pending matters before the AAT will be transferred automatically to the ART. If you are an applicant or another party in a lawsuit, you are not required to do anything.
Until the Administrative Review Tribunal begins, you should continue to submit or manage applications and other documentation through the Administrative Appeals Tribunal website. If you apply for a review before the ART begins and create an online services account, you can access your papers and case information similarly.
ART Structure
According to Section 196(1) of the ART Act, there are eight jurisdictional areas under the Administrative Review Tribunal: (1) General; (2) Intelligence and Security; (3) Migration; (4) National Disability Insurance Scheme; (5) Protection; (6) Social Security; (7) Taxation and Business; and (8) Veterans’ and Workers’ Compensation. Jurisdictional areas are places with comparable situations in which the ART will have authority.
The ART Act empowers the President to create lists of subareas within a jurisdictional area, a change from the current system in which matters are tried under a specific Division and procedures. The ART Act seeks to establish a national Tribunal with standardized processes and functional and flexible case allocation. The President can divide the ART’s caseloads into groups with similar subject matter, procedures, and member skills, providing greater flexibility in response to caseload levels and legislation changes.
Do you require assistance with appeal cases? Book an appointment now with our Registered Migration Agent to develop a strategic plan to enhance your approval chances!
When should I submit the review application?
After understanding the Administrative Review Tribunal and its structure, let’s discuss when the application should be submitted. This information is crucial if you’re seeking guidance on how to appeal your visa refusal.
You should submit the review application to the Administrative Review Tribunal within the deadline stated in your refusal letter. The deadline given varies. Some may receive a 35-day deadline, while others may receive a 70-day one. To check, you can go back to your refusal letter and find the review right section, as seen below.
Suppose you successfully submit the review application within the deadline. In that case, your Bridging Visa will remain active, so you can stay legally in Australia while the ART reviews your refusal case. In contrast, failure to submit the review application within the deadline requires you to leave Australia immediately.
How does the Administrative Review Tribunal work?
The Administrative Review Tribunal currently only receives online applications through the ART online service here. Here are the step-by-step instructions on how to appeal your visa refusal to the Administrative Review Tribunal:
- Create an account using the ART online service.
- Complete the details of the refusal case you wish to be reviewed.
- Add supporting documents for your refusal case.
- Submit the application together with the supporting documents.
- Wait for a hearing to be set for your refusal case. In the meantime, you may submit more supporting documents to strengthen your application.
- Prepare for the hearing. The ART will inform you in writing regarding the date of the hearing.
- Attend the hearing. If you’re representing yourself, you can attend the hearing by yourself. But if you appoint a registered migration agent, your registered migration agent will usually come with you to participate in the hearing.
What should I prepare to submit the review application?
You must prepare supporting documents prior to submitting the review application. The supporting documents must show why you disagree with the decision given.
Preparing the supporting documents is very crucial. The most important part is that you must show to the Administrative Review Tribunal members that the decision was wrong and must be changed. It could be your last chance to fight for your visa, so don’t underestimate it. Get professional assistance from a Registered Migration Agent to win your case.
How much does the Administrative Review Tribunal cost?
The review application to the Administrative Review Tribunal costs AUD 3,496. This fee is not refundable. However, if the Administrative Review Tribunal decides to change or remit the decision, you may be subject to a certain number of refunds.
More FAQs on ART and Administrative Appeals Tribunal Being Abolished
1. What will happen with my case?
If your matter is now before the AAT or if you submit a new application before 14 October 2024, it will be managed by the Administrative Appeals Tribunal. Many issues currently before the AAT will be resolved before the new Tribunal begins.
If your case has not been resolved by 14 October 2024, it will be automatically transferred to the Administrative Review Tribunal. You won’t have to do anything. You will continue to receive information and updates about your case from the Administrative Review Tribunal.
2. Are all of the decisions by the Administrative Appeals Tribunal still valid?
All decisions taken by the Administrative Appeals Tribunal prior to its being abolished and the commencement of the new Tribunal shall be regarded as legitimate and final, subject to any appeal to a Court.
3. The AAT has already considered my case and reached a decision. Can I apply to the Administrative Review Tribunal to have it reviewed again?
In general, if the Administrative Appeals Tribunal has already evaluated your case and issued a decision, the Administrative Review Tribunal will not consider it again.
If you choose to appeal the AAT’s decision, please see your decision notification letter for details.
4. Can I still request a review of a decision while the transformation from AAT to ART is occurring?
Yes, the AAT will continue to consider applications until the ART begins operations.
You can apply for a decision review on AAT’s official website. The application will be automatically transferred to the new Tribunal.
Understanding the shift from the Administrative Appeals Tribunal to the Administrative Review Tribunal is quite challenging, especially if you’re unfamiliar with the appeals processes or legal instruments related to Australian immigration processes. But rest assured. If you need help with reviewing the decision on your visa application, we’re here for you. Click below to start the process, and let us assist you every step of the way!
Remember, we’re here to help you every step of the way!
Our visa specialists at ONEderland Consulting, with a remarkable 98% success rate, will guide you through the transition from AAT to ART. We are proud to be one of Australia’s most highly recommended migration agents, and we are here to assist you in understanding and navigating the changes. Read our 4.9* score customer reviews to see why our clients trust us.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program. You can trust that you are in good hands with our team.
