The AAT may also consider:
- changes in the Migration Regulations or policy since the original decision was made;
- Federal Court rulings after the original decision was made which affect how the relevant legislation is to be interpreted in your case;
- whether the Department failed to consider evidence presented to it; and
Can the AAT review decisions made under Commonwealth Acts?
The AAT can review decisions made under more than 400 Commonwealth Acts and legislative instruments. The AAT is unable to review all decisions, only those where the law specifically states that we can. The AAT is independent of the person or department that made the original decision.
How does the AAT decide what to do?
In most cases, the AAT can look at new information that was not available to the original decision-maker. We consider all the information before us and decide what the legally correct decision is or, if there can be more than one correct decision, the preferable decision.
What decisions can the Administrative Appeals Tribunal review?
- Home What decisions can the Administrative Appeals Tribunal review? The Administrative Appeals Tribunal (AAT) can review an IC review decision and a decision by the Information Commissioner to declare a person a vexatious applicant. See Part 10 of the Guidelines.
What is the AAT visa review process?
AAT Visa Review – generally the AAT may be able to review the Department of Home Affairs decisions to refuse to grant a visa or to cancel a visa under AAT Migration Division and Refugee Division.
What is AAT review?
What can the AAT do when reviewing a decision?
How many Commonwealth Acts can the AAT review?
What does it mean when you set aside a decision?
Who makes the decision in the AAT?
See 2 more
About this website
What can AAT review?
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies.
What powers does the AAT have?
The sole function of the Administrative Appeals Tribunal is to make administrative decisions. Each decision must relate to a prior decision - the decision under review. The Tribunal substitutes its own decision for the decision it is reviewing. It makes a new decision in place of the previous decision.
How long does it take for the AAT to make a decision?
If the review is not expedited, the Department will send us the decision and all relevant review documents within 28 days after being told the application has been received.
What happens if AAT refused?
If the matter is sent back to the Department for reconsideration, generally speaking, the Department will grant the visa or revoke the visa cancellation. The AAT can also decide that the Department's decision was correct and confirm this in its decision.
Are AAT decisions binding?
While the Tribunal's interpretations of legislation are not binding on decision-makers in the same way that court decisions must be followed, the Tribunal's decisions are persuasive.
What is the AAT jurisdiction?
AustraliaAdministrative Appeals Tribunal / JurisdictionAustralia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of 7,617,930 square kilometres, Australia is the largest country by area in Oceania and the world's sixth-largest country. Wikipedia
Can AAT make decision without a hearing?
You will receive our decision at the end of the hearing or in writing at a later date. We might make a decision without conducting a hearing if: we decide we have no jurisdiction to review the decision.
What are the chances of winning AAT?
Interesting Facts about AAT! According to a recent report from AAT, you have 51% chance of winning and only 31% chance of losing on partner visa refusal.
Do you get letters after your name with AAT?
AAT bookkeeping membership offers you the opportunity to demonstrate your bookkeeping skills and expertise to employers, colleagues and clients. You'll gain professional recognition using the designatory letters AATQB after your name, and can even apply to become self-employed and offer bookkeeping services.
Can AAT decisions be appealed?
If a party believes an AAT decision is wrong, they can appeal the decision to a higher court. Parties may appeal to either the Federal Circuit and Family Court or the Federal Court depending on the type of decision being appealed. An appeal to a higher court can only be about a question of law.
How long do AAT appeals take?
If the review is about a decision made under section 197D of the Migration Act 1958 that a protection finding would no longer be made about a person, we must make a decision on the review within 120 days after we receive your application unless we extend that period with your agreement.
Can the AAT take into account new evidence?
In many applications, evidence given by persons with special knowledge or experience in an area assists the AAT to reach the correct or preferable decision. The AAT is not bound by the rules of evidence and may take into account any matter that is relevant to the issues to be determined.
Which of the following are powers of tribunal?
22. Procedure and Powers of Tribunals. -(b) requiring the discovery and production of documents;(c) receiving evidence on affidavits;(e) issuing commissions for the examination of witnesses or, documents;(f) reviewing its decisions;(g) dismissing a representation for default or deciding it ex parte;More items...
Where does a tribunal get its power?
These tribunals get their powers either directly in their enabling legislation; or indirectly by general laws about the tribunal process. Some tribunals may be governed by multiple statutes or rules of procedure.
Do tribunals have judicial power?
Judicial power can only be exercised by courts. The High Court also defined what courts are. Courts are required to be comprised of independent judicial officers with security of tenure and to have the power to make and enforce orders. Accordingly, tribunals are not courts.
What are the main characteristic features of modern administrative tribunal?
Administrative tribunals are independent and not subject to any administrative interference in the discharge of judicial or quasi-judicial functions. In procedural matters, an administrative tribunal possesses the powers of a court to summon witnesses, administer oaths and to compel the production of documents, etc.
List of Reviewable Decisions - Administrative Appeals Tribunal
List of Reviewable Decisions - Administrative Appeals Tribunal
What decisions should be subject to merit review? 1999
In the course of advising the Attorney-General on the classes of administrative decisions that should be subject to merits review, the Administrative Review Council developed principles which it applied to each class of decision under consideration.
Summaries of decisions | Administrative Appeals Tribunal
Every case before the AAT is determined on its individual facts. These summaries may not include all information considered by the AAT and do not constitute legal advice.
Administrative Decisions (Judicial Review) Act 1977 - Legislation
An Act relating to the Review on Questions of Law of certain Administrative Decisions. 1 Short title This Act may be cited as the Administrative Decisions (Judicial Review) Act 1977.. 2 Commencement This Act shall come into operation on a date to be fixed by Proclamation.
Appealing from a decision of the AAT - Federal Court of Australia
Guides Including Bankruptcy, Corporations, Migration, Administrative & Constitutional Law and Human Rights; Communicating with the Court; Expert witnesses.
Search for a case | Administrative Appeals Tribunal
eCase Search. eCase Search contains publicly available information on applications lodged in the AAT on or after 18 March 2013 in the Freedom of Information Division, General Division, National Disability Insurance Scheme Division, Small Business Taxation Division, Taxation & Commercial Division, and Veterans’ Appeals Division.
What decisions does the AAT publish?
From 27 November 2017, the AAT publishes decisions with written reasons in accordance with our Publication of Decisions Policy. We have increased the number and range of decisions we publish.
Where are AAT decisions published?
AAT decisions with written reasons are published on the AustLII website and may also be available from other legal publishers.
Why are decisions prepared for publication?
Decisions are prepared for publication to comply with these requirements. If you are concerned about information that has been, or might be, published in a decision, you can apply to us not to publish some information or the entire decision. Write to us stating what you want kept confidential and why.
When did the AAT and the Migration Review Tribunal merge?
On 1 July 2015, the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were merged with the AAT.
How often do we review the policy?
Refer to the policy for more information about which decisions will be published. We review the policy each year and make further adjustments as necessary.
Can AAT publish information?
The AAT must not publish information if its disclosure is prohibited or restricted by law. For example, published decisions in most child support cases and all cases about protection (refugee) visas must not include names or other details which may identify the applicant and some other people. The AAT can also direct in individual cases that information not be published. Decisions are prepared for publication to comply with these requirements.
Is the decision of the Tribunal published?
Decisions or other orders made by the Tribunal without written reasons are not published.
What does AAT do?
AAT has the power to affirm or vary or remit or set aside and substitute or dismiss and reinstate a visa refused or cancelled. If the AAT has made a decision to affirm the decision under review, you can apply to the Minister to intervene, that is, to substitute a more favourable decision (if it is in the public interest to do so).
What is section 338 (7)?
Section 338 (7) covers AAT Visa Review if you applied outside of Australia to visit your Australian resident relatives (you provided their details in your application ).
What to do if your bridging visa is refused?
If you are in immigration detention centre and your application for a bridging visa is refused or cancelled, you can request the AAT to obtain oral evidence from a specific person.
What is section 411?
Section 411 covers what is a Part 7 reviewable decision. In summary, it concerned with protection or refugee visa application unless the Minister personally cancel the holder’s Protection visa or the visa applicant is not physically in Australia when the adverse decision was made or the Minister has issued a conclusive certificate or the decision to refuse a protection visa is a fast track decision.
Can the Minister intervene in a decision under review?
If the AAT has made a decision to affirm the decision under review, you can apply to the Minister to intervene, that is, to substitute a more favourable decision (if it is in the public interest to do so). However, the Minister’s section 351 power is discretionary and is not compellable.
When did UMA enter Australia?
Unauthorised Maritime Arrival or UMA who entered Australia on or after 13 August 2012 and who were refused protection visas are reviewed by the Immigration Assessment Authority or IAA under Part 7AA, and not the AAT.
When the Tribunal conducts a review application, is it bound by technicalities, legal forms or rules of evidence?
When the Tribunal conduct a Review application, it is not bound by technicalities , legal forms or rules of evidence and it shall act according to substantial justice and the merits of the case.
What is the Information Commissioner’s role in an AAT review?
The Information Commissioner is not a party to the proceedings in the AAT, except in relation to review of a declaration that a person is a vexatious applicant. See Part 10 of the Guidelines.
Who can review a vexatious applicant?
The Administrative Appeals Tribunal (AAT) can review an IC review decision and a decision by the Information Commissioner to declare a person a vexatious applicant. See Part 10 of the Guidelines. In addition, the Information Commissioner may decide not to undertake an IC review if satisfied that the interests of the administration ...
What is the Council's approach to merits reviewable decisions?
The Council prefers a broad approach to the identification of merits reviewable decisions. If an administrative decision is likely to have an effect on the interests of any person, in the absence of good reason, that decision should ordinarily be open to be reviewed on the merits. 2.5.
Why are AAT decisions not reviewable?
4.8. As a matter of principle, decisions to institute proceedings should not be reviewed on the merits. There are AAT decisions to the effect that such decisions are not reviewable because they are not final decisions. In any case, the right to proceed to court for the resolution of a dispute must always be available, without any hindrance.
What is the objective of merits review?
1.3. The principal objective of merits review is to ensure that those administrative decisions in relation to which review is provided are correct and preferable:
What is 4.40?
4.40. Decisions to appoint a person to undertake a specified function should not generally be subject to merits review.
Why does the Council not consider that a decision is inappropriate for merits review?
5.30. The Council does not consider that a decision is inappropriate for merits review merely because that decision may also be the subject of judicial review.
What factors will not exclude merits review?
Factors that will not exclude merits review, that lie in the effect of the decision, include that: review may lead to the publication of reports affecting individuals; large numbers of people may take advantage of review; and. there is potential for the original decision to be subject to judicial review.
Why did the Council reject an argument that decisions of the Australian Broadcasting Tribunal were inappropriate for review?
For example, the Council rejected an argument that decisions of the Australian Broadcasting Tribunal were inappropriate for review because of the expertise of the Tribunal. The Council's reasoning focussed on the need to review or check even the findings of experts. Further, and as a practical matter, the Council also noted the ability to appoint experts to the AAT, the body that would be reviewing the decisions of the Tribunal.
What is AAT review?
We undertake a merits review which involves taking a fresh look at the facts, law and policy relating to that decision. Decisions are made by members appointed by the Governor-General. In most cases, the AAT can look at new information that was not available to ...
What can the AAT do when reviewing a decision?
When the AAT reviews a decision, we can choose to affirm, vary, set aside or remit the decision.
How many Commonwealth Acts can the AAT review?
The AAT can review decisions made under more than 400 Commonwealth Acts and legislative instruments. The AAT is unable to review all decisions, only those where the law specifically states that we can.
What does it mean when you set aside a decision?
If we set aside a decision, it means we agree or partially agree the original decision was wrong.
Who makes the decision in the AAT?
Decisions are made by members appointed by the Governor-General. In most cases, the AAT can look at new information that was not available to the original decision-maker. We consider all the information before us and decide what the legally correct decision is or, if there can be more than one correct decision, the preferable decision.
What Decisions Does The AAT Publish?
- From 27 November 2017, the AAT publishes decisions with written reasons in accordance with our Publication of Decisions Policy. We have increased the number and range of decisions we publish. We generally publish all decisions with written reasons made in the following divisions: 1. Freedom of Information Division 2. General Division 3. National Di...
Are Decisions with Written Reasons Published in Full?
- Many decisions with written reasons are published in full, but not all decisions. The AAT must not publish information if its disclosure is prohibited or restricted by law. For example, published decisions in most child support cases and all cases about protection (refugee) visas must not include names or other details which may identify the applicant and some other people. The AA…
Summaries of Decisions
- Our staff produce summariesfor a selection of AAT decisions that have been published in full on the AustLII website. We use these summaries to offer an insight into our decision-making processes and to demonstrate the diversity of our work.
Former Tribunals’ Decisions
- On 1 July 2015, the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were merged with the AAT. Published decisions of these former tribunals are available at AustLII: 1. Migration Review Tribunal (1 June 1999 – 30 June 2015) 2. Refugee Review Tribunal (1993 – 30 June 2015) 3. Social Security Appeals Tribunal (2007 – 30 June 2015)