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Administrative Appeals Tribunal

The Administrative Appeals Tribunal (AAT) was established in 1976 by the Administrative Appeals Tribunal Act 1975. It plays a vital role in the Australian government which is to conduct independent merits review of administrative decisions made under Commonwealth laws. To explain further, AAT reviews decisions which the Australian Government ministers, the departments and agencies make, and, in limited conditions,

the decisions which the state government and non-government bodies decisions make. AAT reviews too, the decisions made under Norfolk Island laws. In connection to this, on July 2015, the Refugee Review Tribunal, Migration Tribunal, and the Social Security Appeals Tribunal were all merged with the AAT.

How can
ISA Migrations help you?

Our organisation consists of expert migration agents who have knowledgeably dealt and negotiated with clients from different nations and as cultural backgrounds makes in-depth assessment on the case of our clients including their personal conditions. When the evaluation has been completed and there are no problems detected, the next action is then recommended to be done whether it is to obtain a visa, apply for Australian citizenship, request for such an intervention, or request for a review on a certain decision from the AAT. Additionally, we also offer a complete checklist addressing all the legislations needed. Visit us at your nearest ISA Migration’s office or fill out the inquiry form and send us your query. One of our team members will get in touch with you.

The AAT appeal cannot be made anytime and it is not for all. Meaning, the organisation is not generally empowered to conduct a review in every decision made. It can only review a certain decision if a regulation, an Act, or other legislative instruments state that it can be reviewed by AAT. An individual or people who can appeal to AAT if their case is related to:

  • child support
  • compensation of Commonwealth worker
  • student and social security assistance, family assistance, and paid parental leave
  • refugees and migration visas, and decisions that are related to visas
  • entitlement of the veterans
  • taxation

Other people can also request for review if they have obtained decisions that are related to:

  • bankruptcy
  • Australian citizenship
  • financial services and corporations regulation
  • civil aviation
  • freedom of information
  • customs
  • passport
  • the National Disability Insurance scheme
  • security evaluations which the Australian Security Intelligence Association (ASIO) makes

It is essential to know that AAT is not the first step all the time, when it comes to reviewing a decision. In some circumstances, the organisation will not be able to review a decision until primary decision’s internal review has taken place, or a specialist review body such as the Veterans’ Review Board has made a review. Additionally, the AAT can conduct a second review of some decisions that have been reviewed in its Service & Child Support Division.

What are the things AAT is empowered to do?

The Administrative Appeals Tribunal in Australia has the power to:

  • vary a decision
  • affirm a decision
  • set aside a decision and replace a new decision, or
  • remit a decision to the decision-maker for reconsideration

How trustworthy is AAT in terms of review process?

It is the main objective of AAT to offer a review process that is accessible, fair, economical, just, quick and informal. More so, the Tribunal aims to provide a review process that is proportionate to the complexity and importance of the matter, promotes public trust, as well as confidence in its decision making. The review process varies according to the type of decision being reviewed.

How does one go about the review?

The organisation conducts reviews with a decision “on the merits”. Meaning, AAT takes a fresh look at the facts, law, and policy related to the decision and arrives at its own decision. The Tribunal decides if the decision should remain unchanged or not. Also, it is independent of the individual or group that makes the decision. Reviews are conducted by one of this organization’s eight Divisions. In connection to this, the review process varies and it depends on the type of decision an individual or group wants to be reviewed.

Provided information should not be taken as exhaustive, additional requirements for the visa do apply. Visa requirements may differ as per individual circumstances. For your eligibility assessment visit one of our qualified professionals.

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