The AAT carries out a merits review of administrative decisions taken under the
Commonwealth rules. The tribunal examines decisions taken by Australian government ministers,
departments, and agencies. Additionally, they also review the decisions of state governments and
non-government organizations in certain circumstances. The AAT also looks at decisions taken
under the laws of Norfolk Island.
Talking about the creation of AAT, it was created by the Administrative Appeals Tribunal Act of
1975. The actual operations of AAT began on July 1, 1976. On July 1, 2015, the Migration Review
Tribunal, Refugee Review Tribunal, and Social Security Appeals Tribunal were merged into the
Administrative Appeals Tribunal.
Likewise, the Attorney- General’s office is in charge of the AAT. So, the media releases and
announcements related to the AAT come from the Attorney-General.
The AAT can only start to review a decision if a law states that AAT has the authority to review that particular decision. Therefore, AAT is authorized to review decisions that are taken under more than four hundred Commonwealth Acts and legislative instruments.
Some common decisions AAT can review are related to the following:
Furthermore, some more decision review areas include:
Likewise, AAT can review some decisions taken under some Norfolk Island
rules, such as
construction, land valuation, and planning decisions.
AAT is not often the first step when a decision needs to be checked. In
some
instances, AAT
won’t be able to review a decision until it’s been subjected to an
internal
review or a review
by a professional body such as the Veterans’ Review Board.
AAT may also do a follow-up analysis of certain decisions made by their
Social Services & Child
Support Division. The General Division of AAT conducts such a second
check.
Decisions are reviewed “on the merits”. It means that AAT examines the related data, laws, and policies again before reaching their judgment. This is because AAT must make the legally correct decision. However, if there are multiple correct decisions, it can choose the most preferable decision.
AAT has the power to:
AAT aims to provide a review system that is:
Furthermore, depending on the type of decision under review, the review process will differ accordingly.
The AAT administers independent merits review on decisions made by Australian Government ministers, departments, and by the state government and non-government bodies (in limited circumstances).
The AAT will inform about the decision at the hearing. If you do not hear the decision at the hearing, you will receive a notice of the decision within two months of the hearing.
If the decision is in your favor, the case referred will either be revoked or granted by the Department of Home Affairs.
Yes. You can file a Notice of Appeal with the Court within twenty-eight days from the day of the AAT decision received.
You can send us your contact details here. We will provide you with all the information and explain what documents you’ll need to apply.
The application fee to lodge an appeal for migration cases with the Administrative Appeals Tribunal starts from $962.
The AAT review process involves lodging an application, paying the fee, providing statements and evidence, attending a hearing, and waiting for the AAT’s decision on your case.
Success rates can vary but generally around 25-30% of migration appeals to the AAT are successful in overturning the original Department decision.
The timeframe for an AAT migration case review can be 12-24 months from application to final decision, depending on case complexity and AAT workloads.