Australian Immigration Daily News

The Attorney-General, Hon Mark Dreyfus KC MP, has announced several key appointments to both the Administrative Appeals Tribunal (AAT) and the newly established Administrative Review Tribunal (ART), which will commence operations on 14 October 2024.

Mr. Michael Hawkins AM has been appointed as the inaugural Chief Executive Officer and Principal Registrar of the ART. Currently serving as the Registrar of the AAT, Mr. Hawkins brings a wealth of experience and leadership to his new role, having also served as a part-time AAT Member from 2016 to 2022.

In addition to Mr. Hawkins' appointment, 17 members have been appointed to the AAT, including one Senior Member and 16 Members, who will transition to the ART upon its commencement. Furthermore, 20 members have been appointed to the ART, consisting of 7 Senior Members and 13 General Members. All appointments were made following a transparent and merit-based selection process.

The "Migration Amendment (Visa Application Charge Refund) Regulations 2024" introduces amendments to the Migration Regulations 1994.

The primary objective is to provide a partial refund of the Visa Application Charge (VAC) for Student (Subclass 500) and Student Guardian (Subclass 590) visa applicants from specified Pacific countries and Timor-Leste. This refund offsets the increase in VAC that took effect from 1 July 2024.

The partial refund applies to the difference between the VAC amounts payable before and after the new regulations were implemented. The aim is to support educational opportunities for students from these regions, thereby strengthening Australia's ties with Pacific nations and contributing to regional stability and development. The regulations are designed to ensure fairness and avoid creating barriers for prospective students from these areas. The changes are set to commence the day after registration on the Federal Register of Legislation.

The "Migration Amendment (Administrative Review Tribunal Consequential Amendments) Regulations 2024" introduces several changes to streamline and enhance the efficiency of the administrative review process for migration and protection decisions in Australia. The key amendments are:

1. Establishment of the Administrative Review Tribunal (ART): The ART replaces the Administrative Appeals Tribunal (AAT) as the new body responsible for reviewing migration and protection decisions. This change is designed to harmonise and improve the review process.

2. Abolition of the Immigration Assessment Authority (IAA): The IAA is abolished, and its responsibilities are transferred to the ART, leading to a standardised review process.

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Summary of Migration Amendment (Status of Forces Agreement - Fiji and Timor-Leste) Amendment Regulations 2024

The Migration Amendment (Status of Forces Agreement—Fiji and Timor-Leste) Amendment Regulations 2024 has been issued by the Minister for Immigration and Multicultural Affairs under the Migration Act 1958. The purpose of these Amendment Regulations is to provide flexibility for the commencement of the Schedules to the SOFA Regulations, which facilitate the entry and stay of visiting forces from Fiji and Timor-Leste in Australia.

Key Details:

• The Amendment Regulations modify the commencement provisions of the Migration Amendment (Status of Forces Agreement—Fiji and Timor-Leste) Regulations 2023 to remove the 18-month conditional time constraint.
• This change allows the Agreements to come into force when mutually convenient for Australia and the respective countries (Fiji and Timor-Leste), ensuring that there is no gap in the implementation process.
• The Minister will now be required to announce the day the Agreements enter into force for Australia by notifiable instrument, providing certainty about the commencement time.
• These changes are necessary to align the SOFA Regulations with other related legislation and ensure the smooth execution of international defence cooperation agreements.

The Agreements provide a framework governing the legal status of visiting forces while in Australia, ensuring they are granted Special Purpose Visas to perform their duties. These amendments ensure Australia meets its international obligations and facilitates defence cooperation with Fiji and Timor-Leste.

The Australian Government has announced the appointment of 14 new Members to the Administrative Appeals Tribunal (AAT).

These Members will commence their terms on August 19, 2024, ensuring the Tribunal's capacity to hear matters before the new Administrative Review Tribunal (ART) begins on October 14, 2024. Each member was selected through a transparent and merit-based process, assessed by an independent selection panel in line with the Guidelines for AAT appointments and the Administrative Review Tribunal Act 2024.

The new appointees are Mr. Mark Carey, Mr. Richard Chia, Dr. Andrew Cichy, Ms. Alison Colvin, Ms. Meredith Graham, Mrs. Rachelle Hampson, Ms. Laura-Leigh Manville, Dr. Paul Millar, Ms. Dominique Murphy, Mr. Jonathon Papalia, Ms. Kathryn Thornton, Mrs. Julie von Doussa, Ms. Susan Waring, and Ms. Catherine Willis.