Time Limits in character cases in the AAT

 
 

If a person’s visa is cancelled or refused on character grounds and the person is in Australia there are very tight time limits in relation to appeals to the Administrative Appeals Tribunal as s. 500(6B) shows):

 

(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 subsections 29(7), (8), (9) and (10) of the Administrative Appeals Tribunal Act 1975 do not apply to the application.

 

Other special provisions apply in relation to character cases in the AAT setting very tight time limits:

 

(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.
 

(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.
 

(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.
 

(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

Barbara Davidson