Impact of current immigration policies and high visa refusals

The commencement of the Administrative Review Tribunal (ART) replaces the long-standing Administrative Appeals Tribunal (AAT) from October 14, 2024. With a promise of more effective and accessible federal review body. The ART aims to improve the quality, transparency, and fairness of government decision-making processes.

However, with approximately 2,000 new applications being submitted to the AAT each month, it remains highly unlikely that the ART will be able to cope with this heavy workload unless there are significant changes to the overall process. The sheer volume of cases currently handled by the AAT raises concerns about whether the new ART, even with its reforms, will be able to deliver on its promises of timeliness and accessibility. 

Without addressing the root cause of these backlogs, the transition could risk overwhelming the new tribunal from the outset.

 

The introduction of the ART is a cornerstone of the Government’s efforts to modernise Australia’s system of administrative review. The ART is designed to respond quickly and be accessible, providing prompt and cost-effective resolutions with minimal formality. By focusing on fairness and justice, the ART seeks to enhance public trust and confidence in the tribunal’s processes.

The ART will retain the same jurisdiction as the AAT, covering key areas such as migration and refugee visas. To ensure the tribunal’s capacity during this transition, the Government has appointed six new non-judicial Deputy Presidents to the AAT, who will transition to the ART in October. Additional appointments will be announced soon.

During the transition, all ongoing cases before the AAT will continue as usual. Applicants do not need to submit new applications, as the ART will automatically receive any unresolved matters by October 14, 2024. It is important to note that the ART will not reconsider finalised AAT decisions.

 

The establishment of the ART is an attempt by the government to manage the caseload efficiently and in a timely manner; however, with the current rate of around 2,000 new applications per month, it remains uncertain whether the ART will have the capacity to manage its workload effectively. 

Unless significant changes are implemented in the review process, the ART could struggle to meet its goals of timely and cost-effective resolutions. 

 

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