Christopher Levingston Blog

The following article will inform practitioners that the winds of change are gusting in Canberra.

This time it is not hot air.

The problems of the AAT are driven in part by the high number of refusals by the Department (lets call it Immigration for the sake of convenience) which then loads up the AAT who is left to sort it out.

The conduct of some members of the AAT is not optimal and the use of ambush and the lack of preparation by some members prior to hearing leads to  further delays in order to accord procedural fairness.

Specifically, if there is a significant issue or a factual dispute then those matters should be raised well in advance of the hearing and in writing. The failure to do this leads to unfairness and delay.

Although there will always be persons who "game" the system that general allegation, if unsubstantiated, should not inform  any changes to the availability of merits review by the AAT. The decisions of the Department are not so good that merits review should be limited or extinguished. This would undermine public confidence.

There is an article in the Australian published 2 hours ago ( it is now 1.30 Est 0n 24/7) and here is a link to the Attorney generals website... you will have to navigate through that link to get your eyes onto the report.

https://www.ag.gov.au/Consultations/Pages/statutory-review-tribunals-amalgamation-act-2015.aspx

In the alternative look at what the Australian has to say.

One thing we know for certain...there will be NO CONSULTATION before any changes.