Free Call (Within Australia) 1800 449 858
[email protected]
Interstaff MigrationInterstaff MigrationInterstaff MigrationInterstaff Migration
Menu
  • Home
  • About
      • About Us
      • Why Interstaff?
      • Company History
      • Staff Profiles
      • Visa Agents
      • Immigration Agents
      • Visa Refusals and Appeals
    • Close
  • Businesses
      • Sponsorship
      • Temporary Work Visas
      • Permanent Work Visas
      • Complex Migration Issues
      • DAMA – Designated Area Migration Agreements
      • Supported Industry Sectors
    • Close
  • Individuals
      • Visa Extensions
      • Skilled Work Visas
      • Working Holiday Visas
      • Family & Partner Visas
      • Student Visas
      • Visitor Visas
      • Medical Treatment Visas
      • Complex Migration Issues
      • Visa Refusals and Appeals
      • Case Studies
    • Close
  • News and Info
      • Immigration News
      • Case Studies
      • Why Use a Migration Agent?
      • Visa Extensions
      • Australian Migration Services
    • Close
  • Contact Us
NextPrevious
administrative appeals tribunal replaced

Administrative Appeals Tribunal To be Replaced | What This Means For Visa Cancellations and Refusals

Australian Citizenship, Migrating, Uncategorized | 20 April, 2023 |

Administrative Appeals Tribunal Replaced | An Update 

 

The government has announced Australia’s Administrative Appeals Tribunal (AAT) will soon be replaced with a new body to process reviews of adverse government decisions such as visa cancellations and refusals.

Since the AAT was established in 1976, it has helped to promote the quality, consistency and fairness of administrative decisions made by the government across areas such as Migration, Social Welfare, Taxation and Corporation and Financial Services. Migration was added to its portfolio in 2015 with the number of reviews in this area being significantly larger than other AAT divisions. 

However, recently there have been concerns that the current system has not been functioning optimally, which has resulted in a significant backlog of AAT cases. To alleviate this, the government has committed $63.4 million over two years to address the backlog.

The government has also recognised a new merits-based and transparent approach to appointing AAT members is required. It announced that an Expert Advisory Council will be tasked with guiding the reform of the AAT, including the recruitment of an additional 75 new members.

The expectation is that the new body will help to reduce processing delays experienced in recent years at the AAT. Here’s what the tribunal replacement means for visa cancellations and refusals.

 

When will the new federal administrative review body be in place?

This will depend on how quickly the government moves through the processes of public consultation and the passage of laws, which are subject to parliament consideration.

The government announced it expects to develop legislation on how the new body will be governed in coming months and will introduce this to parliament in 2023.

 

What happens if my visa is refused or cancelled while the new review body is being established?

The AAT is still operating as normal until a replacement body is established, which means you can continue to apply for a review of a visa decision at this time.

Existing cases that have been submitted for review by the AAT will be unaffected. The AAT stated that it expects many cases currently before the AAT will be decided or finalised before it is replaced, and any remaining cases will be transferred to the new review body. Applicants will receive notice by the AAT if their case is transitioned to the new body.

Cases that have already reached a decision by the AAT are considered valid and final, apart from options to appeal further to a court. They will not be considered again by the new federal administrative review body.

 

How does the AAT review decisions for visa refusals and cancellations? | Merits Review

The AAT reviews decisions “on the merits”. This means they take a fresh look at the relevant facts, law and policy and arrive at its own decision on whether a visa should have been cancelled or refused.

The AAT has the power to affirm, vary or set a new decision, or remit a decision to the decision-maker for reconsideration.

 

How is a ‘merits review’ different to a ‘judicial review’ of a visa decision?

A merits review is usually the first step to seek a review of a government administrative decision, such as a visa cancellation or refusal. It is an administrative reconsideration of the facts of the case and the legislation.

If your attempt for a merits review was unsuccessful at the AAT, you may be able to apply for a judicial review of the tribunal’s decision at a court.

Judicial review is a review by the court to determine whether the decision maker (for example, the AAT) acted within its powers to make the decision and if it was made fairly without the error of law.

 

What is involved in the process of applying for a merits review of a visa refusal or cancellation decision?

To apply for merits review of a decision by the Department of Home Affairs to cancel or refuse a visa, you will need to provide evidence and submissions about:

  • Whether the grounds for cancellations/refusal exist and;
  • Whether or not the visa should be cancelled/refused.

You should prepare your evidence and submissions in a way that is clear and compelling. Unfortunately, many people underestimate the difficulty of the process involved as it often requires an understanding of the migration legislation surrounding your case.

You may also have a deadline to apply before a certain date stated in your Department notice. It can be beneficial to consult a Registered Migration Agent that is experienced in visa refusal and cancellation cases, such as Interstaff.

You can read more about how we assist with visa refusals and cancellations here. You can also read our case study to understand how we guide you through the process.

 

Interstaff | Visa Refusal and Cancellation Experts Since 1988

Should you require professional advice on your visa or sponsorship options, we encourage you to contact Interstaff’s Registered Migration Agents.

Interstaff is an Australian-owned and operated business providing strategic migration advice to businesses and individuals Australia-wide and internationally since 1988. Simply call Interstaff’s Migration Agents on 08 9221 3388 (Perth) or 02 7200 2567 (Sydney) or 03 8319 0902 (Melbourne) or +61 8 9221 3388 (International).

You may also wish to connect with us on LinkedIn or get in touch with us here.

 

Source:

The Administrative Appeals Tribunal

No tags.

Related Post

  • Interstaff workers within the migration agency HQ in perth

    Support for women seeking to migrate

    Today women around the world are celebrating International Women’s Day. It’s a day where the world recognises improvements in women’s rights, while also acknowledging that unfortunately in many parts of the world, there are still many women experiencing violence or inequality. The Australian Department of Immigration and Border Protection recognises… Read More »

  • 2016 Migration Professional Seminar poster countdown

    See Us at the Skilled Migrant Professionals Seminar

    Interstaff International are proud to be Perth’s official migration agency sponsoring the Skilled Migrant Professionals Seminar held at Kim Beazley Theatre, Murdoch University on Friday 18 March from 5pm to 8.30pm. The Skilled Migrant Professionals Seminar is designed to provide networking opportunities between skilled migrants and employers, recruitment agencies, career… Read More »

  • Celebrating Australia’s Irish Past

    Did you know up to one third of Australians are of Irish heritage? Irish settlement played a formative part in Australia’s social, political and cultural background. At Interstaff, several of our team members are of Irish descent, including our Managing Director, Sheila Woods and Registered Migration Agent, Elain Flynn. On… Read More »

  • Exploitation problem facing Australian immigration authorities

    Australia has a large number of undocumented workers – some estimates suggest that the number may exceed 100,000 people. Add to this the massive international student population and temporary work visa holders and you have a big problem. Sadly this leads to exploitation by unscrupulous employers. These sentiments were published… Read More »

  • IT Professionals in High Demand in Australia

    More than 85 percent of new jobs for information and computer technology (ICT) were occupied by international workers for the year 2015, according to a report made by the Australian Computer Society. It is stated in the report that hiring overseas workers is now made a top priority in order to… Read More »

  • Visa-free ‘migration bloc’ supported by most Australia, Canada, NZ, & UK citizens

    Nearly 4,000 individuals from these 4 Commonwealth countries — Australia, Canada, New Zealand, and the United Kingdom – have taken part in a survey and the results show that most of them strongly agree to have a Union-style system (that is similar to Europe) which would enable free movement among… Read More »

  • Interstaff stall at the 2016 Skilled Migrants Professionals Seminar

    Networking is Key for Skilled Migrants

    Over 150 people attended the Skilled Migrants Professionals Seminar on Friday 18 March at Murdoch University to access valuable networking opportunities designed to help skilled migrants compete in the Australian job market. Interstaff Visa Coordinator, Allieu Sesay said, “Seminars like the Skilled Migrant Professionals Seminar are great because they provide… Read More »

  • Woman holding her mobile phone and coffee cup with Interstaff International logo

    Exclusive offer for our Facebook fans

    Interstaff International are offering 30% off their Initial Consultation Fee to its Facebook fans for a limited time only. Simply access our digital coupon and then follow the prompts to share our offer on Facebook in order to redeem 30% off your Initial Consultation Fee. We will then validate your coupon at… Read More »

NextPrevious

Get In Touch

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
  • Home
  • About
    • About Us
    • Why Interstaff?
    • Company History
    • Staff Profiles
    • Visa Agents
    • Immigration Agents
    • Visa Refusals and Appeals
  • Businesses
    • Sponsorship
    • Temporary Work Visas
    • Permanent Work Visas
    • Complex Migration Issues
    • DAMA – Designated Area Migration Agreements
    • Supported Industry Sectors
  • Individuals
    • Visa Extensions
    • Skilled Work Visas
    • Working Holiday Visas
    • Family & Partner Visas
    • Student Visas
    • Visitor Visas
    • Medical Treatment Visas
    • Complex Migration Issues
    • Visa Refusals and Appeals
    • Case Studies
  • News and Info
    • Immigration News
    • Case Studies
    • Why Use a Migration Agent?
    • Visa Extensions
    • Australian Migration Services
  • Contact Us
Interstaff Migration

Free Call (within Australia): 1800 449 858
Email: [email protected]

Head Office: Level 1, 384 Rokeby Road, Subiaco W.A. 6008
Office Hours:
Monday to Friday, 8.30am to 5pm (AWST).

Business Migration | Strategic Thinking.
© 2023 Interstaff.

Business Visas

  • Sponsorship
    • Standard Business Sponsorship
    • Labour Agreements
    • Training and Research Sponsor
    • Professional Development Sponsor
    • Entertainment Sponsor
    • Sponsorship Management Services
  • Temporary Work Visas
    • Employer Sponsored Work Visas
    • Short Stay Work Visas
    • Working Holiday Visas
  • Business Owner & Investor Visas
    • Business Owner Visa Stream
    • Investor Visa Stream
    • Significant Investor Visa Stream
    • Premium Investor Visa Stream
    • Permanent Residency As a Business Owner Or Investor
  • Complex Migration Issues
  • Permanent Work Visas
    • Employer Nomination Scheme
    • Regional Sponsored Migration Scheme
    • General Skilled Migration 
  • Supported Industry Sectors
    • Resources
    • Agriculture
    • Information Technology
    • Engineering & Construction
    • Trades
    • Health & Aged/Social Care
    • Restaurants & Hospitality
    • Education & Training
  • Business Migration FAQ's

Individual Visas

  • Skilled Work Visas
  • Working Holiday Visas
  • Family & Partner Visas
    • Partner Visas
    • Parent Visas
    • Child Visas
    • New Zealand Citizen Family Visa
    • Carer Visa Options
    • Remaining Relative Visa
  • Student Visas
  • Visitor Visas
  • Medical Treatment Visas
  • Complex Migration Issues
  • Individual Migration FAQ's
    • Boost Your IELTS Score
    • Settling In As A Skilled Migrant
    • Ask A Migration Agent 

Get in touch today

Contact Us

This content is not advice. It serves as a general overview of topics of interest. It is not exhaustive, and its accuracy is subject to change, therefore Interstaff is not responsible for the accuracy or timeliness of the information or any actions taken based on it. We recommend that you seek professional advice before making decisions or relying on the information provided – please enquire with our team of Registered Migration Agents for specialist advice so that your specific circumstances can be considered. 

Interstaff acknowledges that it is situated on Boorloo (Perth) - Whadjuk Noongar Country, and that Whadjuk Noongar people remain the spiritual and cultural custodians of their land, continuing to practise their values, languages, beliefs and knowledge. We pay our respects to Elders, past, present and emerging.

Copyright 2024 | Website & SEO by Start Digital