MS22-0003022 - Management Of The Administrative Appeals Tribunal (aat) Set Aside Caseload, Signed 29 March 2023 ​

Written by Claude Haiku 4.5 from the extracted text on 28 Feb 2026. It can miss or misread redacted and scanned pages. Check the source before relying on it.

This Department of Home Affairs submission to the Minister for Immigration, Citizenship and Multicultural Affairs dated 17 January 2023 addresses 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 explains that the Minister can set aside AAT decisions and substitute adverse decisions if satisfied it is in the public or national interest. Currently, the Department applies risk-based referral thresholds established in February 2020, with approximately 20 per cent of cases referred to the Minister for personal consideration. The submission seeks ministerial endorsement of updated referral thresholds contained in Attachment A to ensure only highest-risk cases inconsistent with Australian values proceed to ministerial consideration, allowing more efficient caseload management while maintaining focus on community protection objectives.