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Administrative Appeals Tribunal (AAT) to Administrative Review Tribunal (ART)

The Australian Government has proposed plans to replace the Administrative Appeals Tribunal (AAT) with a new body called the Administrative Review Tribunal 2023 (ART BILL) through new legislation that reviews government decisions on everything from child support to migration status. This move involves multiple bills introduced in December 2023 and February 2024:



AAT—Administrative Appeals Tribunal was formed in 1975 to ensure that government decisions are fair and to hold government officials accountable for every review. For the past years, more than 360 pieces of legislation have granted it the authority to make final decisions, making it the greatest consequential measure ever.


WHY CHANGE AAT?

In 1994, discussions were beginning to propose merging these courts into a single institution with the only goal of increasing efficiency and simplicity. The Australian Law Reform Commission also looked at administrative review, finding AAT cases frequently took longer than those in other courts. This resulted in the formation of the Administrative Review Tribunal (ART BILL) to provide faster and efficient decisions.


WHAT IS ART BILL? 

ART BILL- Administrative Review Tribunal 2023 will be Australia's new system for reviewing whether government decisions are fair and just. It looks at decisions made under national laws and takes over the old tribunal, the AAT, which dealt with immigration reviews. Future decisions will be made by different Australian government departments, not just about immigration but also about social services, taxes, veterans' affairs, and more. It works independently from government bodies, making sure its decisions are fair and based on each case's facts. They look for the truth, evidence, and laws involved. After reviewing, they can agree with, change, or cancel the original decision. They might even make their own decision if needed. If you're not happy with the ART's decision, you might be able to appeal in higher courts like the Federal Court of Australia or the Federal Circuit Court. The ART Bill promotes the assurance that everyone will get a fair chance to be heard.


WHAT ARE THE BENEFITS OF ART BILL?

The ART offers simplicity, efficiency, expertise, and consistency. Making every review much simpler and easier to understand so that everyone can get involved and know what to do. It also aims to review cases quickly so people can get answers and provide solutions faster. Considering affordability, people don't have to spend a lot of money to get their case reviewed. The ART Bill also offers exceptional expertise, which helps ensure that reviews are fair and based on sound knowledge. Most importantly, ART ensures that everyone is treated fairly, no matter what their case is about.


Want to know more about ART? Find your answers here.

(FAQs)


1.I’m currently in Australia can I apply to the ART for a review of my visa refusal decision?

-Yes, if your visa application is refused and you are already in Australia, you generally have the right to apply to the ART for a review of the decision. The ART will consider your case independently and impartially.


2.I don’t know where to start, how do I apply for a review with the ART?

-You can lodge an application for review with the ART online or via mail. The application should include relevant details about the decision being reviewed and your personal information. Prepare any supporting documents or evidence needed.


3.What happens during my review process with the ART and how long does it take?

-The ART will conduct a review of the decision, considering relevant facts, evidence, and legal principles. You may be given an opportunity to present your case and provide additional information to support your review. The time it takes to complete a review can vary depending on factors such as the complexity of the case and the availability of information. ART aims to resolve cases in a timely manner while ensuring thorough consideration of each matter.


4.Considering I am outside Australia, what happens if my visa application is refused? Can I have my representative on my behalf if I’m outside the country?

-If your visa application is refused while you are outside Australia, you may have different options depending on the type of visa and the specific circumstances. In some cases, you may still have avenues for review or appeal, which could involve different processes than those available for onshore applicants.

Yes, having a representative, such as a lawyer or an authorized agent, can be beneficial as they can provide legal advice, prepare and submit documents on your behalf, and represent you during the review process.


5.Are there specific time limits for lodging an application for review with the ART?

-Yes, there are usually time limits for lodging an application for review with the ART. It's important to check the specific time frames applicable to your case to ensure that you meet the deadline for lodging your review application.


6. In case I am dissatisfied with ART’S decision, do I have the chance to appeal?

- The decision of the ART is generally considered final, but in some cases, parties may have avenues for further appeal, such as seeking judicial review in higher courts. It's important to understand the potential avenues for appeal based on the specific circumstances of your case.


7. I am afraid it might cost me a lot while applying for a review with the ART?

- The ART may charge fees for certain types of reviews. However, fee waivers or reductions maybe available for individuals who demonstrate financial hardship.


8. Where do I go if I want to know more information about the ART and the review process?

- Don’t worry, you can visit the Administrative Review Tribunal (ART) website or contact them directly for detailed information about the review process, eligibility criteria, fees, and other relevant details.

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