Australian Immigration Daily News

Overview of the Disallowable Legislative Instrument

The Migration Amendment (Merits Review) Regulations 2021 (the Regulations) would amend the Migration Regulations 1994 (the Migration Regulations) to increase the fee for certain applications to the Migration and Refugee Division (MRD) of the Administrative Appeals Tribunal (AAT). The fee applies to applications for review of decisions relating to visas other than protection visas, and includes decisions in relation to sponsorships and nominations. These are Part 5 reviewable decisions under the Migration Act 1958 (the Act).

The increase to the fee is part of a funding package for the AAT and the Federal Circuit Court (FCC), as announced in the 2021-22 Federal Budget. As part of the package, revenue from the increased fee will offset expenditure to provide additional resources to the AAT and the FCC to reduce the migration related backlogs that have developed as a result of significant increases in application rates as well as the prospective increase in matters that will be heard in the FCC. The increase in the fee will enhance the decision making capacity of the AAT and the FCC for migration matters and thus provide a more timely service by both bodies

The Regulations do not alter the type or nature of decisions that qualify for merits review under the Act, but provide that the prescribed fee required to be paid by an individual in seeking a review is increased from $1,826 to $3,000. In accordance with existing provisions, the Registrar of the AAT can reduce the fee by 50 percent if the fee would cause severe financial hardship to the review applicant; and successful applicants for review remain entitled to a refund of 50 percent of the fee (regulation 4.14 of the Migration Regulations).

Source: Migration-Amendment-Merits-Review-Regulations-2021.pdf and

Migration-Amendment-Merits-Review-Regulations-2021-Explanatory-Statement.pdf