Australian Immigration Daily News

The Attorney-General has enacted the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024 (Transitional Rules). These Rules have been registered and are accessible on the Federal Register of Legislation. They will take effect alongside the Administrative Review Tribunal (ART) legislation on 14 October 2024.

The Transitional Rules facilitate the smooth transition from the Administrative Appeals Tribunal (AAT) to the ART by:

• Ensuring the AAT Enterprise Agreement 2024-2027 continues to apply to Australian Public Service employees of the ART.
• Allowing the President of the ART to issue practice directions, establish lists, and appoint jurisdictional area leaders without consulting the Tribunal Advisory Committee within the first 28 days, with mandatory consultation deferred to within 3 months of ART’s commencement.
• Clarifying the transition of timeframes for lodging applications with the ART after the transition period.
• Outlining the transitional arrangements for court applications related to decisions made by the Immigration Assessment Authority (IAA) before the transition period.
• Modifying, for a period of 6 months, the timeframe for individuals in immigration detention to submit an application for review of a reviewable migration or protection decision to the ART.

We also draw your attention to the specific transitional arrangements under the Migration Act 1958 regarding certain decisions, including appeals related to decisions of the Immigration Assessment Authority (IAA).

Appeals on Immigration Assessment Authority Decisions

Schedule 16 of the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Consequential Act 1) outlines the majority of transitional arrangements following the abolition of the IAA. The Transitional Rules clarify that individuals entitled to appeal or file court applications regarding IAA decisions may do so after the ART commences. Court proceedings underway at the time of the transition will continue unaffected. A court may remit a decision to the ART for reconsideration.

Application Timeframe for Review from Immigration Detention

The Transitional Rules adjust the timeframe for individuals in immigration detention to apply for review of a reviewable migration or protection decision. Paragraph 347(3)(a) of the Migration Act (as amended by Consequential Act 1) states that an application must be made within 7 days (starting the day after the applicant is notified of the decision). The Transitional Rules extend this to 7 working days, applicable for 6 months, until 14 April 2025.

This change does not affect any other requirements for applying for a review of a migration or protection decision.