Office of the Migration Agents Registration Authority (OMARA) vide their email dated 3 March 2023 with subject line ‘AAT – New Migration and Refugee Practice Direction and President’s Direction’ has informed all the registered migration agents about the new Migration and Refugee Practice Direction and revised President’s Direction – Prioritising Cases in the Migration and Refugee Division.
The new Migration and Refugee Practice Direction given under section 18B of the Administrative Appeals Tribunal Act 1975 replaces the Migration and Refugee Matters Practice Direction (dated 1 August 2018) and the COVID – 19 Special Measures Practice Direction – Migration and Refugee Division (dated 2 March 2021) with an up to date, streamlined document that is set out in chronological order from lodgement to hearing. The purpose of this Direction is to set out the AAT’s requirements and expectations of applicants and representatives in relation to the conduct of reviews in the Migration and Refugee Division. The new Direction not only sets out the Tribunal’s current requirements but also contains information that will assist applicants and representatives prepare evidence and submissions. It applies to applications for review of decisions in the AAT’s Migration and Refugee Division.
The revised President’s Direction – Prioritising Cases in the Migration and Refugee Division given under section 18B of the Administrative Appeals Tribunal assists the Registry with prioritisation of the Migration and Refugee Division’s caseload. This Direction applies to cases that are dealt with in the Migration and Refugee Division of the Administrative Appeals Tribunal (AAT) and is intended to ensure consistency and fairness in the AAT’s approach to the prioritisation of cases in this Division. According to this Direction following applications are to be given the highest priority:
- applications involving persons in immigration detention;
- applications where there is a question as to whether or not the AAT has jurisdiction to conduct a review; and
- applications where a member or an officer at APS4 level or above determines there are compelling reasons to prioritise the application.
The next highest priority will be given to:
- applications for review of visa cancellation decisions;
- applications remitted or returned from a court for the AAT to reconsider;
- applications where the Tribunal has determined the application meets the requirements for an expedited decision request ;
- applications which have been remitted to the Department of Home Affairs (Department) and which have again been refused, resulting in the applicant making a further application for review; and
- applications for review of close family visitor visa refusal decisions in accordance with regulation 4.23 of the Migration Regulations 1994
Priority for all other applications, except the above mentioned, is to be determined by date of lodgement of the application for review.
To know more about Migration and Refugee Practice Direction, click here.
To know more about President’s Direction – Prioritising Cases in the Migration and Refugee Division, click here.