Administrative Review Council Inquiry on Migration - Key Issue 4 – New claims and re-instated applications for review - Attorney-General's Department

Key Issue 4 – New claims and re-instated applications for review

The ART reforms have retained bespoke arrangements for migration and protection matters review. These include limitations on the raising of new claims, how an applicant is notified of a decision, and the reinstatement of decisions.

The Council seeks views and information about the experience of applicants and representatives in raising new claims on review, the receiving of notifications of decisions and applying for reinstatement of a decision and whether any amendments should be made, to modify, remove or retain.

This is discussed further under Key Issue 4 in the Issues Paper.

What is your experience in relation to; raising new claims in the course of the ART review, receiving notification of decisions, and applying for reinstatement of a decision?

Do the current procedures for review of migration and protection reviewable decisions promote the ART’s objectives under the ART Act? What changes could be made to improve implementation of the objectives?

ART Act s 9. The Tribunal must pursue the objective of providing an independent mechanism of review that:

is fair and just; and
ensures that applications to the Tribunal are resolved as quickly, and with as little formality and expense, as a proper consideration of the matters before the Tribunal permits; and
is accessible and responsive to the diverse needs of parties to proceedings; and
improves the transparency and quality of government decision making; and
promotes public trust and confidence in the Tribunal

Are there any changes that could be made to the current procedures for migration and protection decision-making in the ART to improve the process or outcomes for individuals?