Time Limits for AAT Review

 
 

There is a strict non-extendable time limit of 9 days to lodge an application for review to the AAT for persons present in Australia.

[500] (6B)      If a decision under section 501 of this Act relates to a person in the migration zone, an application to the Tribunal for a review of the decision must be lodged with the Tribunal within 9 days after the day on which the person was notified of the decision in accordance with subsection 501G(1). Accordingly, paragraph 29(1)(d) and ss 29(7), (8), (9) and (10) of the Administrative Appeals Tribunal Act 1975 do not apply to the application.

[500] (6C)      If a decision under s 501 relates to a person in the migration zone, an application to the Tribunal for a review of the decision must be accompanied by, or by a copy of:

(a)      the document notifying the person of the decision in accordance with s 501G(1); and

(b)      one of the sets of documents given to the person under s 501G(2) at the time of the notification of the decision.

[500] (6D)      If an application is made to the Tribunal for a review of a decision under section 501 that relates to a person in the migration zone:

(a)      the Registrar of the Tribunal must notify the Minister that the application has been made; and

(b)      s 29AC(1)(b) and s 37 of the Administrative Appeals Tribunal Act 1975 do not apply to the decision or the application.

 

[500] (6F)      If:

(a)      an application is made to the Tribunal for a review of a decision under section 501 of this Act; and

(b)      the decision relates to a person in the migration zone; 

then: 

 (c)      the Minister must lodge with the Tribunal, within 14 days after the day on which the Minister was notified that the application had been made, a copy of every document that: 

(i)      is in the Minister’s possession or under the Minister’s control; and

(ii)     was relevant to the making of the decision; and

(iii)    contains non-disclosable information; and

(d)      the Tribunal may have regard to that non-disclosable information for the purpose of reviewing the decision, but must not disclose that non-disclosable information to the person making the application.

 [500] (6FA) ….

[500] (6G) …..

[500] (6H)      If:

(a)      an application is made to the Tribunal for a review of a decision under section 501; and

(b)      the decision relates to a person in the migration zone;

the Tribunal must not have regard to any information presented orally in support of the person’s case unless the information was set out in a written statement given to the Minister at least 2 business days before the Tribunal holds a hearing (other than a directions hearing) in relation to the decision under review.

[500] (6J)      If:

(a)      an application is made to the Tribunal for a review of a decision under section 501; and

(b)      the decision relates to a person in the migration zone;

the Tribunal must not have regard to any document submitted in support of the person’s case unless a copy of the document was given to the Minister at least 2 business days before the Tribunal holds a hearing (other than a directions hearing) in relation to the decision under review. However, this does not apply to documents given to the person or Tribunal under subsection 501G(2) or subsection (6F) of this section [sic – LEGEND note].

[500] (6K)      If:

(a)      an application is made to the Tribunal for a review of a decision under section 501 of this Act; and

(b)      the decision relates to a person in the migration zone; and

(c)      the Tribunal is of the opinion that particular documents, or documents included in a particular class of documents, may be relevant in relation to the decision under review;

then:

(d)      the Tribunal may cause to be served on the Minister a notice in writing stating that the Tribunal is of that opinion and requiring the Minister to lodge with the Tribunal, within a time specified in the notice, a copy, or the number of copies specified in the notice, of each of those documents that is in the Minister’s possession or under the Minister’s control; and

(e)      the Minister must comply with any such notice.

[500] (6L)      If:

(a)      an application is made to the Tribunal for a review of a decision under section 501 of this Act; and

(b)      the decision relates to a person in the migration zone; and

(c)      the Tribunal has not made a decision under section 42A, 42B, 42C or 43 of the Administrative Appeals Tribunal Act 1975 in relation to the decision under review within the period of 84 days after the day on which the person was notified of the decision under review in accordance with subsection 501G(1);

the Tribunal is taken, at the end of that period, to have made a decision under section 43 of the Administrative Appeals Tribunal Act 1975 to affirm the decision under review.

[500] (7)      In this section, decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

[500] (8)      In this section:

business day means a day that is not:

(a)      a Saturday; or

(b)      a Sunday; or

(c)      a public holiday in the Australian Capital Territory; or

(d)      a public holiday in the place concerned.

 

One effect of the provisions set out here is that all of the evidence that an applicant wishes to present to the AAT must be given to the Minister at least 2 business days prior to the hearing.

Barbara DavidsonTime Limits for AAT Review