UK to Australia: Navigating the New Administrative Review Tribunal for Expats

On 14 October 2024, the Australian government introduced the Administrative Review Tribunal (ART). The ART will replace the current Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA). The ART is designed to fix long-standing problems and address backlogs that have affected reviews of migration, protection and citizenship decisions for many years.

If you are planning to move to Australia, it is important to understand the administrative processes that relate to visa decisions and appeals. The ART is a much-needed overhaul of a system that has been struggling with increasing workloads. Whether you are waiting on a visa decision or making plans to relocate, it is worth paying attention to these changes.

How the New System Improves the Old

The ART is designed to fix many of the problems that affected the AAT. One of the main issues with the previous tribunal was the significant delay in processing times. Many clients waited 2-3 years or more for their appeals to be heard. The ART is addressing this in the following ways:

• Simplified application process: The ART has a more straightforward application process. There are less steps and it is easier to navigate.
• Carrying over existing cases: All pending cases from the AAT and IAA have been automatically transferred to the ART. This means that if your application was with the AAT or IAA, it will now be with the ART.
• Fee waivers: The ART has increased the circumstances under which it will waive fees. While the AAT required “severe financial hardship”, the ART will waive fees for people experiencing “financial hardship”. This means that many families will not have to pay as much or anything at all.
• Time limits to apply: The time limits to apply for an appeal are now clearly set out in the correspondence sent to clients. This is a positive change as it gives clients a definitive time frame to work with.

These changes are designed to make the system fairer and more efficient for migrants and those waiting on decisions.

What Does Clearing Backlog Mean for Migrants?

Clearing backlog is one of the main reasons the ART was introduced. The Australian government has provided additional funding to clear the significant number of outstanding cases that were waiting on the AAT. This is a positive change, but it also means that some clients will not be able to remain in Australia for as long while waiting on their appeals.

In the past, the long wait times of the AAT allowed many clients to settle in Australia and obtain Bridging Visas that allowed them to work and live in the country. Some clients have been in Australia for 5 years or more while waiting on their appeals. This is not possible with the ART as the government has limited the time clients can stay in Australia while waiting on their appeals to 3 years.

The ART is processing appeals much more quickly than in the past. In some cases, it is taking only a few months to get to the appeal stage. While this is a positive change for some, it can be a problem for others who have settled in Australia and are enjoying extended periods of time while waiting on their appeals. If your appeal is refused, you will be required to leave Australia while those who reapply for a visa are not eligible for another temporary visa for 3 years.

If you want to settle your matters quickly, the changes to the ART are a positive step forward. If you are not prepared for your matters to be settled quickly, you may want to consider reapplying for a visa instead of appealing. Keep in mind that reapplying for a visa is usually more expensive and comes with no guarantees.

With the ART, the focus is now on appealing instead of reapplying. The faster processing times and reduced fees make appealing a more viable option. If you are planning a move to Australia, it is important to be prepared.

What Documents and Information Should I Have Ready?

Whether you are waiting on a visa decision or making plans to relocate to Australia, it is important to be prepared. With tighter time limits, it is crucial to have your documents in order. We recommend having the following ready:

• Proof of English proficiency (if applicable)
• Police certificates from your home country and any countries you’ve lived in since the age of 17
• Certified copies of your birth certificate
• Marriages and divorce or annulment documents
• Children’s birth certificates
• Police certificates for your spouse
• Arranged employment documents (if applicable)
• Proof of employment offers (if applicable)
• Letters from your employer (if applicable)
• Your original visa application and all documents you submitted with your application.
• Department of Home Affairs correspondence explaining why your visa was refused or approved.
• Financial documents if you are applying for reduced fees during the appeal process.

Having these documents ready before entering the appeal process will save you time and confusion as you navigate the new ART system.

Are These Changes a Positive Step for You?

For many expats, these changes are a positive step forward. If you are planning a move to Australia, you will likely benefit from a faster and more streamlined process. However, if you are hoping to settle in Australia while waiting on your appeal, you may want to consider your options carefully. The ART is processing appeals much more quickly than in the past and this could be a problem for some clients. We recommend evaluating your options and preparing for the possibility of your appeal being refused and your matters being settled quickly.

If you are moving from the UK to Australia, it is important to understand how the ART affects you. The ART is a game-changer for migrants and those facing visa issues. Anglo Pacific is here to help you with your move. Whether you are dealing with the visa process or coordinating your relocation, we are here to assist you. As the ART settles in, it is important to be prepared and plan carefully for your move.