Min​isterial Submission MS24-001670 - Management Of The Administrative Appeals Tribunal Set-Aside Caseload, Signed On 22 October 2024

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This ministerial submission from October 2024 addresses the management of Administrative Appeals Tribunal (AAT) set-aside cases under the Minister's personal non-delegable powers. The document outlines the current framework for referring AAT set-aside decisions to the Minister for consideration, particularly for character test assessments under the Migration Act 1958. It seeks ministerial endorsement of updated referral thresholds (detailed in Attachment A) to determine which AAT set-aside decisions warrant ministerial consideration. The submission emphasizes that the Minister's powers under sections 501A and 501BA allow intervention in character-based visa refusal, cancellation, and revocation decisions when the Minister reasonably suspects character test failures and believes action is in the national interest. The document notes that while delegate and AAT decisions rely on legal and factual assessments, they may not account for broader national security, public safety, and community expectation considerations. Until new thresh