Introduction to Administrative Review Tribunal (ART) Replacing Administrative Appeals Tribunal (AAT)
The Administrative Review Tribunal, or ART, is the new body that will replace the Administrative Appeals Tribunal (AAT), which will be abolished. The Administrative Review Tribunal is expected to commence on 14 October 2024.
As the date of the transition from AAT to ART is approaching, ONE derland Consulting has summarized some critical updates about the transformation and its implications on the visa application process.
Commencement of Administrative Review Tribunal
The Administrative Review Tribunal (ART) will officially replace the Administrative Appeals Tribunal (AAT) on 14 October 2024. This means the Administrative Appeals Tribunal will be formally abolished on the same date. The ART will be impartial, independent, accessible, efficient, and user-focused. Following the start of the ART, the present AAT will be abolished.
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, functional case allocation, 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.
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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 14 2024, it will be managed by the Administrative Appeals Tribunal. Many matters 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 review my case 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 submit an application for a review of a decision on AAT’s official website, and it will be automatically transferred to the new Tribunal, eliminating the need to apply again.
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.
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