Admin Tribunal Report

In: Other Topics

Submitted By poiuytrewqasdfgh
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The primary role of the Administrative Appeals Tribunal (AAT) is to review the decision of the original administrator and to come to a decision that is the correct or preferable one based on the facts. The Administrative Appeals Tribunal Act 1975 (Cth) guides its operation, in that it must provide a review process that is “fair, just, economical, informal and quick.” In observing the proceedings of Tusitala and Minister for Immigration and Citizenship, it is evident that the tribunal has an enhanced ability to gather relevant information compared to the original decision maker. This information is potentially valuable and should be given proper weight to when making a decision. It is also apparent that the objects of fair and just are naturally contradictory to economical, informal and quick. Nonetheless, the AAT reconciles competing aims through its flexibility to deal with proceedings as it deems fit.

One of the principle features of the AAT is its enhanced ability to collect and find facts in making a decision affecting the rights of the applicants. The Senior Member (SM) of the tribunal indicated that she has to come to her own conclusion, which is the correct or preferable one, on the materials before her instead of the material before the original decision maker. It is notable that the SM can give appropriate weight to other factors beyond character grounds set out by the Migration Act. The Minister considers whether or not the applicant has passed the “Character Test” in deciding to cancel his visa, guided by Direction 55 that outlines its application. While some factors may overlap, the AAT has the discretion to assess the other factual details such as the severity of the applicant’s criminal offences, the availability of family support, the impact of family…...

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