Documents In Relation To The Management Of The Administrative Appeals Tribunal (aat) Set Aside Caseload And Character Cancellations, Ministerial Character Case Referral Model, 2023 ​

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The Department of Home Affairs submission to the Minister for Immigration, Citizenship and Multicultural Affairs from January 2023 concerns the management of Administrative Appeals Tribunal (AAT) set aside cases under the Minister's personal powers under sections 133A, 133C, 501A, and 501BA of the Migration Act 1958. The document proposes updated referral thresholds for determining which AAT set aside cases warrant ministerial consideration versus departmental management. Under existing thresholds established in February 2020, approximately 20 percent of cases met referral criteria. The submission employs a risk-based approach to prioritize cases posing high risk or sensitive issues inconsistent with Australian values and national interest considerations. The Minister endorsed the proposed updated thresholds detailed in Attachment A, which would refine case prioritization to focus ministerial attention on cases presenting the highest risk levels while allowing routine cases to be managed departmentally, thereby improving