March 2021 The Review includes news about the AAT and summaries of a selection of our published decisions. This month we take a look at the new rules affecting those that give immigration advice, updated Covid 19 measures and how NDIS appeals are decided at the AAT Previous issues of The Review are available on our website. Rule changes for lawyers giving immigration assistance in AAT casesFrom 22 March 2021, Australian lawyers who hold a practising certificate can give immigration assistance in connection with legal practice without being registered as migration agents. Under the Migration Act 1958, only certain people can give immigration assistance to applicants in the AAT’s Migration and Refugee Division. This includes representing an applicant in an application before the AAT. Lawyers who hold an unrestricted practising certificate can no longer be registered migration agents. Lawyers with a restricted practising certificate (that is, they are subject to a condition requiring supervised legal practice) may continue to be registered as migration agents. What is the AAT doing as a result of these changes? To help you stay informed, the AAT is updating our website, fact sheets and letters about who can give immigration assistance to applicants in the Migration & Refugee Division. Look out for updated online forms, including:
The options in these forms for ‘types of representative’ will be expanded to include ‘Australian lawyer with a practising certificate’. Until the forms are updated, if you are a lawyer who is no longer a registered migration agent, you can select the ‘Other’ representative type and specify that you are an Australian lawyer. How can you help us to update our records? If you are an Australian lawyer representing an applicant in a current case and you cease to be a registered migration agent after 22 March 2021, please complete and email the Change of migration agent status form. For any other queries, please email MRDExecutive.Support@aat.gov.au. You can find more information about these changes and what they mean for Australian lawyers on the Office of the Migration Agents Registration Authority website. Covid-19 Special measures practice directionsThe AAT recently updated the special measures practice directions made last year to facilitate operations while COVID-19 impacts services. Following changes in circumstances and Government advice, the AAT can now provide some in-person services, and our special measures practice directions have been updated to reflect this. They are now in operation for the following AAT divisions:
Keep up to date on the impact of COVID-19 on AAT services here. AAT reviews of NDIS mattersThis month, we take a closer look at NDIS matters which are referred to the AAT. Did you know that the AAT can only review a decision if it has been internally reviewed by the National Disability Insurance Agency (NDIA)? Only after an NDIA internal review is completed and if the applicant still disagrees with the decision can an application for review be made to the AAT. In the external review process, the AAT re-considers the facts, law and policy aspects of a decision and determines what the correct or preferable decision is.The AAT will put themselves in the original decision maker's shoes and consider the decision from a fresh perspective. In doing so, the AAT will consider the same legal framework as the original decision maker, together with any additional information of relevance, and may exercise all the powers and discretions which were available to the original decision maker. NDIS decisions the AAT can review:
NDIS decisions the AAT cannot review:
Below are some examples of recent NDIS decisions recently reviewed by the AAT: Soliman and National Disability Insurance Agency [2020] AATA 4478 In this decision, the AAT evaluates whether an applicant’s numerous health conditions are permanent or not. VGCP and National Disability Insurance Agency [2020] AATA 5107 What type of questions should the NDIA ask an applicant’s healthcare providers? The AAT takes a position. Our staff produce decision summaries for a selection of AAT decisions that have been published in full on the AustLII website. We use these summaries to offer an insight into our decision-making processes and to demonstrate the diversity of our work. For the complete facts and reasons, please view the full written decisions on AustLII. View our recent decision summaries below. Refugee1621933 (Refugee) [2020] AATA 4486 The AAT looks closely into an applicant’s claim that his life is in danger if he is returned back to his home country. TaxationRichard Albarran, Brent Kijurina and Cameron Shaw as Joint Administrators of Cooper & Oxley Builders Pty Ltd as trustee for the Cooper & Oxley Builders Unit Trust and Commissioner of Taxation (Taxation) [2020] AATA 4325 In this decision, the AAT examines the asset acquisition process and timeline when considering if the applicant is entitled to contested input tax credits. Migration Amiri and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2020] AATA 4817 Is this applicant capable of understanding the nature of her citizenship application or should she be exempt from sitting the citizenship exam? The AAT Bulletin is a weekly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Taxation & Commercial and Veterans’ Appeals Divisions. The Bulletin also regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division. What do you think? Write to us at Communications@aat.gov.au to provide editorial suggestions and feedback. |