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.

The Department of Home Affairs sought ministerial endorsement to update thresholds for referring Administrative Appeals Tribunal (AAT) set-aside cases to the Minister for Immigration, Citizenship and Multicultural Affairs. Under the Migration Act 1958, the Minister holds personal powers under sections 133A, 133C, 501A, and 501BA to set aside AAT decisions and substitute adverse decisions if satisfied it serves the public or national interest. Previously established thresholds from February 2020 resulted in approximately 20 percent of cases being referred to the Minister. The submission proposes revised referral thresholds designed to focus ministerial attention on high-risk, sensitive cases consistent with community protection objectives and Australian values, while enabling departmental management of lower-risk matters. The proposed updated thresholds are detailed in Attachment A, which was not fully disclosed in this excerpt.