Australian Immigration Daily News

The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Amendment Rules 2025 have been introduced to repeal Section 13 of the 2024 Transitional Rules.

Key Changes:

• Previously, individuals in immigration detention had seven working days to apply for a review of migration or protection decisions under Section 347(3)(a) of the Migration Act 1958.
• Under the Administrative Review Tribunal (Miscellaneous Measures) Act 2025, this timeframe has been extended to 14 days from the date of notification.
• As a result, Section 13 of the Transitional Rules has been repealed, as it is no longer required.

Implications:

• The extended timeframe provides additional opportunity for affected individuals to apply for a review.
• This ensures greater consistency in the review process following the transition from the Administrative Appeals Tribunal to the ART.
• The change is expected to enhance procedural fairness while maintaining efficiency in migration and protection visa reviews.

The Administrative Review Tribunal commenced operations on 14 October 2024, and this amendment reflects the continued refinement of Australia’s migration review system.

The Attorney-General’s Department and the Department of Home Affairs have been consulted on this amendment, confirming that it will have minimal regulatory impact.

For further information, refer to the Administrative Review Tribunal (Miscellaneous Measures) Act 2025.

Source:  ART-consequential-and-transitional-provisions-1-amendment-rules-2025----the-amendment.pdf and

ART-consequential-and-transitional-provisions-1-amendment-rules-2025 explanatory statement.pdf