Australian Immigration Daily News

Do you find the provisions of the Migration Act that limit the role of a migration agent/lawyer at a hearing before the Administrative Appeals Tribunal to be frustrating? 

As we all know, although section 366A of the Act provides that an applicant is entitled, while appearing before the Tribunal, to have am “assistant” present at a hearing that is convened under section 360, section 366A(2) also says that the “assistant” is not “entitled to present arguments to the Tribunal, or to address the Tribunal, unless the Tribunal is satisfied that, because of exceptional circumstances, the assistant should be allowed to do so”. 

Does this mean that as a migration agent or lawyer acting for an applicant you are effectively reduced to being a bump on a log during the hearing?  That you are just an observer, and that there is little value that you can contribute by attending the hearing with your applicant/client? 

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Exactly where do the boundaries of the Administrative Appeals Tribunal’s jurisdiction? 

Or, to put the question in another way, under what circumstances can you seek merits review against the refusal of a 457 visa application? 

This has perhaps been one of the most intensively litigated questions in the Federal courts over the last couple of years.  

Is it ever possible to get the Administrative Appeals Tribunal to “reconsider” a decision that is adverse to an applicant? 

For example, suppose that a decision of the Tribunal was “infected by jurisdictional error”. 

Is it possible in such circumstances simply to ask the Tribunal to reconsider the decision, rather than making an application to the Federal Circuit Court?  

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