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Coronavirus Covid-19 Update AAT (Administrative Appeals Tribunal) changes to procedures in Australia

Coronavirus Covid-19 Update AAT (Administrative Appeals Tribunal) changes to procedures in Australia

May 2020

The AAT has announced changes to its operations and procedures during the COVID 19 pandemic.

The AAT will continue to review decisions but will implement a number of changes during Coronavirus pandemic.

The AAT registries are closed to visitors.  However, registry services will be available online or by email.

New applications must be lodged online where possible, otherwise completed application forms can be sent to the AAT by post or email.

Other supporting documents may be sent by post or emailed to the AAT.

Expedited Decision Request during COVID 19 outbreak

You can make an expedited decision request if:

(a)    You have applied for review of a decision to refuse to grant a visa; and

(b)    The visa was refused on the basis that you did not meet one or more criteria that do not involve any element requiring subjective assessment; and

(c)    You can give documentary evidence that demonstrates the criterion or criteria are now met.

COVID 19 Update – AAT (Administrative Appeals Tribunal) changes to procedures in Australia

How cases will be progressed during Coronavirus pandemic

After your case is constituted, the Tribunal will determine how your case should progress, including:

  • Whether to invite you to give comment on or respond to information under section 359, 359A, 424 or 424A of the Migration Act;
  • Whether it can proceed to make a decision in your case without inviting you to appear before it at a hearing;
  •  Whether to list your case for a hearing by telephone and/or video or adjourn the review until a hearing can be conducted with you in person.

In determining whether and how a hearing should be conducted, relevant considerations may include, but are not limited to:

  • The nature and complexity of the legal and factual issues to be decided, including the extent to which the Tribunal may need to assess the credibility of oral evidence given by the applicant or a witness and of documentary evidence;
  • The number, nature and availability of any witnesses;
  • The nature and volume of the documentary evidence; and
  • The capacity of an applicant or representative to participate in a hearing by telephone and/or video.

Where the Tribunal is required to invite an applicant to a hearing, the Tribunal will list a hearing by telephone and/or video to the extent possible.

In some cases, the Tribunal may hold a direction hearing by telephone to discuss with you how a case may progress.

The AAT will not hold any hearing in person, except in exceptional circumstances.

Further details of the Tribunal’s operations and procedures can be found on the AAT website

For more information regarding Coronavirus COVID-19 & AAT (Administrative Appeals Tribunal) changes to procedures in Australia, please book your appointment now with Melbourne’s best immigration lawyers at Erskine Rodan & Associates.

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