The Administrative Appeals Tribunal (AAT) provides independent review of a wide range of administrative decisions made by the Australian government and some non-government bodies.

The AAT aims to provide fair, impartial, high quality and prompt review with as little formality and technicality as possible. Both individuals and government agencies use the services of the AAT.

Specifically, recent AAT decisions have found that notification by pre-paid post to a gaol's postal address is NOT effective notification for the purpose of the Migration Act because the inmate does not have control over when he or she receives the letter (see Tran and Minister for Immigration and Citizenship [2011] AATA 21 (21 January 2011) and Tupe and Minister for Immigration and Citizenship [2011] AATA 100 (15 February 2011). DIAC modified its practices for a while after that decision was down (delivering all notification letters by hand) but more recently seems to have reverted to the old method of notification by pre-paid post to the gaol's postal address. Legal Aid has recently encountered several inmates who received their notification letter long outside the 9 day appeal period, usually because they had been moved to a different gaol after the letter was sent and there were delays on the part of Correctional Services in forwarding the mail. Is DIAC concerned about this? If so why have they reverted to the practice of notification by post to the gaol's PO Box?

Is it possible to obtain some current figures on Notices of Intention to Cancel permanent residence on character grounds issued annually?

The Migration Review Tribunal (the MRT) and the Refugee Review Tribunal (the RRT) provide an independent and final merits review of decisions made in relation to visas to travel to, enter or stay in Australia. The MRT reviews decisions made in respect of general visas (e.g. visitor, student, partner, family, business, skilled visas) and the RRT deals with decisions made in respect of protection (refugee) visas.

The Tribunals are established under the Migration Act 1958 and the Tribunals’ jurisdiction and powers are set out in the Migration Act and in the Migration Regulations 1994. All Members and staff are cross-appointed to both Tribunals and the Tribunals operate as a single agency for the purposes of the Financial Management and Accountability Act 1997.

The Migration Review Tribunal (the MRT) and the Refugee Review Tribunal (the RRT) provide an independent and final merits review of decisions made in relation to visas to travel to, enter or stay in Australia. The MRT reviews decisions made in respect of general visas (e.g. visitor, student, partner, family, business, skilled visas) and the RRT deals with decisions made in respect of protection (refugee) visas.

The Tribunals are established under the Migration Act 1958 and the Tribunals’ jurisdiction and powers are set out in the Migration Act and in the Migration Regulations 1994. All Members and staff are cross-appointed to both Tribunals and the Tribunals operate as a single agency for the purposes of the Financial Management and Accountability Act 1997.

APPLICATION – Migration Act
1. This form is used for commencing a proceeding under s.476 of the Migration Act 1958 (Cth), including where an extension of time is also sought under s.477.
2. You must complete address for service details in the footer on page 1. All correspondence concerning the application will be sent to the mailing address inserted and all documents in the proceedings will be deemed to have been served on you if posted to that address. If your address details change, you must file a notice of address for service within seven days, and serve a copy on all other parties; see Rule 6.02.
3. Each ground of the application must identify a jurisdictional error by reason of which it is claimed that the migration decision under review is not a ‘privative clause decision’ within the meaning given by subsection 474 (2) of the Migration Act 1958. Particulars of each ground must be provided which are sufficient to allow the Court to understand how each ground relates to the decision, the reasons for decision, the circumstances of the decision, or the procedures concerned with the making of the decision, as the case may be.
4. An application by an offshore entry person should include details of any recommendation of an Independent Protection Assessment Reviewer which is challenged, and should specify the ground/s for contending that the recommendation was not made in accordance with law.
5. The applicant must file one or more affidavits attaching a copy of the decision and any statement of reasons, and including any other evidence relied upon. If an extension of time is sought, the affidavit must include evidence explaining the delay and showing why the applicant considers that it is necessary in the interests of the administration of justice for the Court to grant an extension (see section 477(2) of the Migration Act).
6. If the applicant is unable to raise an arguable case for the relief claimed, the application may be dismissed under Rule 44.12 without a final hearing.
7. If your application is for an extension of time or other interlocutory, interim or procedural orders in a proceeding which has already commenced, you should use the Application in a Case form.
8. Unless the Court orders otherwise, an application and other documents filed with it may not be served less than seven days before the day fixed for the hearing of the application; see Rule 6.19. Service must be by hand, unless the Rules allow otherwise or the Court otherwise orders. The application and other documents may be served by delivering them to the Department of Immigration and Citizenship.
9. If you are completing this application by hand and you need more space in any section, attach extra page/s as required.
10. Once complete, you need to file the original and a copy of this application for each party to the matter with the court registry. The Court will keep the original and return the sealed copies to you. You will need to serve a copy on the other party or parties and keep a copy for your records.

This is the FMC instruction sheet only. Not to be used when filing. Valid from March 2011.