Administrative Appeals Tribunal

Sources have given News24 an idea of what the PM is pitching to the opposition leader.

They want to make it easier to remove people on bridging visas, restrict appeal rights, including appeals to the Admin Review Tribunal, target visa hopping, tighten international student rules and limit the ability of family members of students to enter Australia.

That's because too many people are arriving on one visa before switching to another and then another.

Then when the government finally says no, they lodge an appeal.

We have enough local scumbags.

We don't need to import more from overseas.

And just on the other parties, One Nation has already committed to stopping migrants appealing visa decisions to the Admin Review Tribunal, and the Coalition has also pledged to reform the ART.

Angus Taylor confirmed on 2GB Breakfast if he wins the next election, the Tribunal will be overhauled.

We should be sending them home.

And this is where they need to strengthen up a stronger ministerial direction to all of those members of the Administrative Review Tribunal.

Do not make excuses for bad people like that.

Send them home.

So essentially when the National Disability Insurance Agency created a plan for someone, if the person wasn't then happy with a plan or didn't really fully meet their needs, they were able to appeal that.

And it would usually go to what used to be the Administrative Appeals Tribunal.

And so we helped set up, I guess, some systems processes.

We trained other advocacy organizations around the process with that.

But I've heard, you know, it's kind of up and down.

And in the very beginning, I remember there were some teething issues with the introduction.

And I remember I actually had the first appeal that went to the Administrative Appeals Tribunal, then went to the federal court and back to the tribunal at the time.

And I was lucky enough to be part of that testing, that whole process.

Navigating the new NDIS legal terrain, the critical shift in NDIS supports and participant access.

In this episode, Follies Barristers Karan Marfatia and Dane Kingsford examine the significant changes to the NDIS and the transition from the Administrative Appeals Tribunal to the Administrative Review Tribunal.

The discussion covers access requirements, the new definition of an NDIS support, the Guidance and Appeals Panel and recent decisions applying the amended framework.

Hello and welcome back.

It's been a massive 12 months for the Administrative Law, hasn't it, Dane?

It certainly has, Grant.

We've seen a transition from the former AAT, the Administrative Appeals Tribunal, to the now ART, the Administrative Review Tribunal, the implementation of the Getting NDIS Back on Track No. 1 Act, and a slew of new cases at law interpreting these changes.

Today we're going to explore the interplay between the new legislation for the structure of the tribunal and the NDIS reforms.

Now, at this point and only at this point is home affairs likely to step in and say, do you really need a second certificate for the completion? The success rate will drop at that point and you may be rejected.

But every decision made by an Australian government body here on shore in Australia can be appealed to the Administrative Review Tribunal.

How long does that take?

Well, it'll take you a year just to have your case heard.

Now, here's the key.

If we required people to apply from offshore for these vocational visas, if you had to go back to Cambodia, apply for your cooking certificate, and wait to get a result, if that result was negative, you would not be allowed to review it.

Because the Review Tribunal is only allowed for people who are onshore.

But we allow them to stay onshore while they make their application, stay onshore for their appeal.

And during his time there, he's accused of assaulting multiple people.

Now, the Admin Review Tribunal has tried to have his humanitarian visa denied, but his lawyers have managed to have it overruled in the federal court.

They've claimed that granting him a protection visa will allow him to access things like Medicare and the NDIS.

Oh, great.

That's my evidence.

It's frustrating though, isn't it? I mean, you know, you're going through the process now of, you know, through the Administrative Appeals Tribunal, but, you know, you get a front page headline on the Telegraph newspaper and that's all that people see and it creates a bit of a...

It creates an impression, but that's where the media is at the moment.

You also, again, people will Google this, but you were featured in the media a few years ago when you were doing some letterbox dropping as part of a political campaign.