A New Administrative Review Tribunal: What You Need to Know
The new Administrative Review Tribunal will commence operations on Monday, 14 October 2024, replacing the Administrative Review Tribunal (ART). The Tribunal will carry out the same types of reviews but with a user-focused, accessible, independent, and fair approach, designed to address both the successes and shortcomings of the ART.
What Does This Mean for You?
If You Have an Existing Review Before the ART
You don’t need to take any action. Your case will automatically transfer to the new Tribunal, which will operate at the same locations with the same staff. Although the laws will change from 14 October, your case will be handled efficiently and fairly under the new framework.
If the ART Has Already Made a Decision
The new Tribunal will not revisit decisions already made by the ART. However, you can apply to the federal courts for a review if the ART decision was made in the last 28 days (or 35 days for migration decisions). You may also seek an extension of time from the court. For Social Security and Child Support decisions, a second review can be requested from the Tribunal within 28 days of the ART decision, or with an extension.
If You Want to Seek a Review but Haven’t Yet Applied to the ART
You can still apply to the ART until 14 October, after which your application will automatically transfer to the new Tribunal. From 14 October, any new applications will need to be made directly to the new Tribunal. Your notice of decision will outline the timeframe for applications, and you can also request an extension.
What Changes Can You Expect?
The new Tribunal will function similarly to the ART but with improvements aimed at greater efficiency and accessibility. Some key changes include:
• Increased resources for faster resolution of matters.
• A stronger focus on user needs and accessibility.
• More flexible ways to manage cases, with registrars assisting in proceedings.
• A guidance and appeals panel to handle cases with broad public impact or where there may have been an error in decision-making.
Practice Tips from an Immigration Lawyer:
1. Be proactive: If you have an ongoing review, monitor any correspondence to ensure your case is transferred smoothly. This will help you stay on top of the process during the transition period.
2. File court reviews promptly: If you are considering taking a decision to the federal courts, be mindful of the 28-day deadline (or 35 days for migration matters). Missing these deadlines could close your review options.
3. Request extensions when needed: Whether seeking a review or a second review, always be aware of your rights to request an extension of time. If you miss a deadline, don’t assume it’s too late—take action and apply for an extension.
4. Leverage registrar assistance: The new Tribunal’s focus on efficiency includes allowing registrars to help manage cases. Make use of this resource to avoid unnecessary delays.
5. Stay informed about guidance panels: If your case has wider implications, the new guidance and appeals panel may be involved. Understand how this panel works and how it might affect your matter, as it could lead to a more favorable outcome for you or others in similar situations.
For more information, visit the ART website or contact us for guidance specific to your case.
