LEGAL SERVICE
Administrative Appeals Trubunal (AAT)
The AAT originated through the Administrative Appeals Tribunal Act 1975 and officially started functioning on July 1, 1976.
On the same date in 2015, the AAT expanded by incorporating the Migration Review Tribunal, Refugee Review Tribunal, and Social Security Appeals Tribunal.
The AAT operates independently to assess the merits of administrative rulings under Commonwealth laws. It holds the authority to scrutinize decisions made by Australian Government officials, departments, agencies, and, under specific conditions, decisions made by state government and non-government entities.
Migration and Refugee Overview
The Administrative Appeals Tribunal (AAT) can review some — but not all — decisions about visas made under the Migration Act 1958 by the Department of Home Affairs, the Minister for Home Affairs, or the Minister for Immigration.
Migration
The Migration section of the AAT deals with the review of all visa and visa-related decisions except for:
Decisions about protection visas and protection findings made under section 197D of the Migration Act
Character-related visa decisions
Decisions to cancel business visas made under section 134 of the Migration Act
Migration reviews are conducted in the Migration & Refugee Division of the AAT under Part 5 of the Migration Act.
Refugee
The Refugee section of the AAT focuses on the review of:
Decisions to refuse or cancel a protection visa (except for character-related decisions about protection visas)
Decisions under section 197D of the Migration Act that determine a protection finding would no longer be made about a person
Refugee reviews are also handled in the Migration & Refugee Division of the AAT under Part 7 of the Migration Act.
Character-Related and Other Visa Decisions
This section includes reviews of the following decisions made under the Migration Act:
To refuse or cancel any type of visa, including a protection visa, on character grounds under section 501
To not revoke a mandatory visa cancellation on character grounds under section 501CA
To refuse a protection visa on character grounds relying on section 5H(2), 36(1C), or 36(2C)
To cancel a business visa under section 134
These reviews are conducted in the General Division of the AAT.
Functions and Powers
Jurisdiction
The AAT can only review a decision if legislation allows it. It can review decisions made under more than 400 Commonwealth Acts and legislative instruments. The most common types of reviews include:
Migration and refugee visas and visa-related decisions
Australian citizenship
Passports
Freedom of information
Child support
Commonwealth workers’ compensation
Family assistance, paid parental leave, social security, and student assistance
Taxation
Veterans’ entitlements
Review of Decisions
The AAT reviews decisions “on the merits.” This means it re-examines the relevant facts, law, and policy to make its own decision — either the legally correct or most appropriate decision.
The AAT has the authority to:
Affirm a decision
Vary a decision
Set aside a decision and substitute a new one
Remit a decision to the original decision-maker for reconsideration
The AAT aims to provide a review process that:
Is accessible
Is fair, just, economical, informal, and quick
Is proportionate to the matter’s importance and complexity
Promotes public trust and confidence in Tribunal decision-making
The exact review process may vary depending on the type of decision being reviewed.
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