Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

From 14 October 2024, the Administrative Appeals Tribunal (AAT) will be abolished and replaced with the Administrative Review Tribunal (ART). Legislation to abolish the AAT and replace it with the ART passed the Australian Parliament in May 2024. The transition marks a significant restructuring of the administrative review process in Australia. 

The key changes that are expected to take place as part of the transition include:

1. Implementing a transparent and merit-based appointments process 
2. Appointment of additional members to address existing backlogs 
3. Implementing sustainable funding arrangements 
4. Implementing a single and updated case management system to address risks 
5. Introducing procedural efficiencies and process improvements 
6. Implementing support services and emphasise early resolution where possible 

These reforms reflect a broader effort to modernize and improve the administrative review system in Australia, ensuring that it is more effective, efficient, and responsive to the needs of the public.

Common questions and answers 

What happens to my appeal with the AAT?

If you have an ongoing appeal that you lodged with the AAT, you do not need to worry. All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement on 14 October 2024. This is to ensure continuity for applicants without requiring any additional actions from them.

Do I need to submit a new appeal application with the ART?

No, if you have an ongoing appeal with the AAT, you do not need to lodge a new application with the ART as your application will automatically transfer to the ART as part of the transition.

Is the AAT still operating until 14 October 2024?

Yes, the AAT will continue to consider applications until the commencement of the ART on 14 October 2024. Until the commencement, you can still lodge or manage applications and other documents through the AAT website.

Are all decisions made by the AAT still valid?  

Yes, if you have an AAT decision that has already been finalised by the AAT, it will not be considered again by the ART.

We will provide further updates in relation to the expected changes as they are announced by the Australian government.

If you have an appeal and are unsure about how the changes may affect you, please feel free to contact us. 

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Sources:

https://www.ag.gov.au/legal-system/new-system-federal-administrative-review

https://www.aat.gov.au/about-the-aat/transition-to-the-administrative-review-tribunal

The Department of Home Affairs has officially released the 2024–25 state and territory nomination allocations for the 190 and 491 visas.

Overall, there is an increase compared with 2023-2024, which is good news for those looking to migrate to Australia.

Subclass 190 Skilled Nominated visa

• 2023-2024: 10,300 allocations
• 2024-2025: 16,500 (increased by 60%)

Skilled Work Regional (Provisional) visa (subclass 491)

• 2023-2024: 6,400 allocations
• 2024-2025: 9,760 (increased by 53%)

Total allocations

• 2023-2024: 16,700
• 2024-2025: 26,260

See the table bellow comparing the 2023-2024 financial year to 2024-2025 financial year.

Detailed State Allocations for 190 & 491 Visas

Tasmania (TAS):

• 190 Visa: Increased from 600 to 2,100 (250%)
• 491 Visa: Increased from 600 to 790 (27%)

Northern Territory (NT):

• 190 Visa: Increased from 250 to 800 (220%)
• 491 Visa: Increased from 400 to 800 (100%)

Western Australia (WA):

• 190 Visa: Increased from 1,500 to 3,000 (100%)
• 491 Visa: Increased from 850 to 2,000 (135%)

South Australia (SA):

• 190 Visa: Increased from 1,100 to 3,000 (173%)
• 491 Visa: Decreased from 1,200 to 800 (-33%)

Australian Capital Territory (ACT):

• 190 Visa: Increased from 600 to 1,000 (67%)
• 491 Visa: Increased from 600 to 800 (33%)

Victoria (VIC):

• 190 Visa: Increased from 2,700 to 3,000 (11%)
• 491 Visa: Increased from 600 to 2,000 (233%)

New South Wales (NSW):

• 190 Visa: Increased from 2,650 to 3,000 (13%)
• 491 Visa: Increased from 1,500 to 2,000 (33%)

Queensland (QLD):

• 190 Visa: Decreased from 900 to 600 (-33%)
• 491 Visa: Decreased from 650 to 600 (-8%)

Why Are These Allocations Important?

The Skilled Independent 189 visa allocations have been nearly halved, from 30,375 in 2023-2024 to only 16,900 for 2024-2025. This significant reduction means that more people will be aiming for state-nominated 190 and 491 visas, making these allocations crucial.

The more state allocations there are, the better your chances of getting a visa.

Analysis and Patterns

The pattern is clear: states defined as regional have received the largest increases in allocations.

The overall strategy appears to focus on increasing the number of 190 PR visas for WA, SA, and NT, while NSW and Victoria saw most of their increases in the regional 491 visa, aimed at dispersing migrants outside Melbourne and Sydney.

Queensland's reduction in numbers was at the request of the QLD government.

It seems the Federal Government is worried about housing shortages and so is looking to give visas for regional areas.

While these allocations won't make everyone happy, they are a significant improvement over the across-the-board 70% reduction from 2022-2023 to 2023-2024 year.

If state nomination isn’t an option for you, consider exploring employer-sponsored visas. Check out our blog on how to find an employer sponsor for more guidance.

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources: 

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.migration.sa.gov.au/

https://www.migration.tas.gov.au/

https://migration.wa.gov.au/

https://www.act.gov.au/migration/home

https://liveinmelbourne.vic.gov.au/

https://www.nsw.gov.au/visas-and-migration

https://www.migration.qld.gov.au/