What has replaced the AAT?

On 16 December 2022, Attorney-General Mark Dreyfus announced the federal government’s plan to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new administrative review body. The reasons for the proposed abolition were that the AAT had become too politicized through politically motivated appointments of AAT members, which rendered the tribunal dysfunctional. This … Read more

What happens at an AAT directions hearing?

An Administrative Appeals Tribunal (AAT) directions hearing is a procedural step in the AAT review process that serves several important purposes. In general, directions hearings are held to deal with issues relating to the progress of an application including any failure to comply with requirements to lodge documents or other material; access to documents required to … Read more

How long after the decision do you have to request written reasons from the AAT?

In Australia, if you wish to request written reasons for a decision made by the Administrative Appeals Tribunal (AAT), you have 28 days from the date of the decision to make this request. This 28-day period is outlined in section 28 of the Administrative Appeals Tribunal Act 1975 (Cth) and is a standard timeframe for … Read more

How long does it take for AAT to process 187?

The processing time for a Subclass 187 visa (Regional Sponsored Migration Scheme visa) through the Administrative Appeals Tribunal (AAT) in Australia can vary widely depending on several factors. Generally, 187 visa processing time depends upon the application stream employed. Stream 75% of the applications get processed in 90% of the applications get processed in Direct … Read more

What are the chances of winning AAT?

The chances of winning a case at the Administrative Appeals Tribunal (AAT) in Australia can vary widely depending on several factors. Each case is unique, and the outcome depends on the specific circumstances, the strength of the evidence and arguments presented, and the relevant laws and regulations involved. Here are some key factors that can … Read more

Can the AAT consider new evidence?

Yes, the Administrative Appeals Tribunal (AAT) in Australia generally has the authority to consider new evidence during its review of administrative decisions. The AAT conducts a merits-based review, which means it assesses whether the original government decision was made correctly based on the evidence, law, regulations, and policies at the time of the original decision. … Read more

Does the AAT have judicial power?

In Australia, the Administrative Appeals Tribunal (AAT) does not possess the full scope of judicial power that is typically associated with the judiciary, such as the power to make final determinations on matters of law and fact in the same manner as a court. Instead, the AAT exercises what is often referred to as “quasi-judicial” … Read more

Are decisions of the AAT binding?

The decisions of the Administrative Appeals Tribunal (AAT) are generally binding on the government agency or department that made the original decision being reviewed. This means that once the AAT issues a decision, the government agency is legally obligated to comply with that decision. However, there are some important considerations to keep in mind regarding … Read more

Can the Federal Court review AAT decisions?

Yes, in Australia, the Federal Court has the authority to review decisions made by the Administrative Appeals Tribunal (AAT) under certain circumstances. This process is known as judicial review, and it allows individuals or organizations dissatisfied with the outcome of an AAT decision to seek a review of that decision by the Federal Court. Here … Read more

How long does it normally take for the AAT to give a decision?

The time it takes for the Administrative Appeals Tribunal (AAT) in Australia to give a decision can vary widely depending on several factors, including the complexity of the case, the workload of the tribunal, and whether a hearing is required. The AAT strives to provide timely decisions, but it is challenging to specify an exact … Read more