The Australian government has introduced the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Amendment Rules 2025, which repeal Section 13 of the 2024 Transitional Rules. This amendment is part of the ongoing refinement of Australia’s migration review system following the establishment of the Administrative Review Tribunal (ART).
Key Changes
- reviously, 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.
- Due to this extension, Section 13 of the Transitional Rules has been repealed, as it is no longer necessary.
Implications of the Amendment
- The extended 14-day timeframe provides affected individuals with additional opportunity to apply for a review.
- This amendment ensures greater consistency in the review process during the transition from the Administrative Appeals Tribunal (AAT) to the ART.
- The change is expected to enhance procedural fairness while maintaining efficiency in migration and protection visa reviews.
- The Administrative Review Tribunal officially commenced operations on 14 October 2024, and this amendment reflects continuous improvements in Australia’s migration review framework.
Regulatory Impact and Consultation
The Attorney-General’s Department and the Department of Home Affairs have been consulted on this amendment. They have confirmed that the rule change will have minimal regulatory impact while improving accessibility to the review process.
For further details, refer to the Administrative Review Tribunal (Miscellaneous Measures) Act 2025.
