Administrative decisions made by the Australian government can have a significant impact on people’s lives, such as the decision to approve or decline one’s visa application. However, individuals may believe that the decision was made incorrectly, or the proper decision-making process was not followed. As such, they may seek for the decision to be reviewed in hopes of achieving a more favourable outcome.
This is where the Administrative Review Tribunal (‘ART’) comes into play. Commencing operation on 14 October 2024, the ART abolished the Administrative Appeals Tribunal (‘AAT’), which was notorious for its insurmountable backlog of cases and politically biased members. Since then, the ART has introduced significant changes to the ways in review of administrative decisions have been conducted. Here are 2 key changes for migrants and refugees under the new ART which did not previously exist in statute:
- Appointment of Interpreters
Under s 68 of the Administrative Review Tribunal Act 2024 (Cth), the ART is empowered to appoint an interpreter for an applicant to aid them in communicating throughout the proceedings, and to help them understand the evidence and submissions which have been put forth. This provision is crucial for migrants and refugees who struggle with language barriers, which may hinder them from fully comprehending and participating in the ART’s proceedings.
- More Experienced and Qualified Members
Under s 208 of the Administrative Review Tribunal Act 2024 (Cth), senior members of the ART (the individuals who decide whether a person’s application should be approved or rejected) are required to have at least 7 years of experience as a legal practitioner. The Asylum Seekers Resource Centre remarked how for members working in the Migration division of the ART, legal experience is particularly important as it ensures that complex provisions of the Migration Act 1958 can be correctly interpreted and applied.