Misunderstanding Fast Track Decision Request at AAT
Recently, the Administrative Appeals Tribunal (AAT) has been receiving a substantial amount of requests for fast track decisions. However, Deputy President Jan Redfern has issued a statement that most of the requests come out of misunderstanding to what was announced a couple of weeks ago.
... It is apparent that most of the requests [for fast track decisions] reflect a fundamental misunderstanding of this process. A majority of the fast track decision requests the AAT has received in recent days are not able to be fast-tracked because:
(1) they require consideration of subjective criteria; or
(2) the Tribunal would be required to consider all the relevant criteria in order to make a favourable decision, making it a complex case that would ordinarily require a hearing (eg. business sponsorship and nomination refusals).
In light of the confusion, I would like to further clarify the fast track decision process.
A fast track decision is one where the Department of Home Affairs refused the application because of a discrete criterion that does not require a subjective assessment, and evidence has now been given to the Tribunal that unequivocally satisfies the objective criterion in dispute. For example, if a visa application was refused only because suitable evidence of an English test result was not given to the delegate, and evidence of that suitable test result is now given to the Tribunal, a fast track decision may be possible.
A fast track decision cannot be made where a subjective assessment of criteria is required (eg. genuineness); or where the Tribunal must consider all relevant criteria in order to reach a favourable decision (eg. Employer nomination/sponsorship).
A high number of unsuitable requests for fast track decisions slow down this important process and reduce the overall efficiency of Tribunal operations, particularly during this difficult time. Requests that cannot be fast-tracked as I have described above will receive a short statement to this effect and the application will be dealt with according to its order of lodgement without further consideration.
Please also note that a priority processing request and a fast track decision request are two separate processes and are not to be confused.
Priority Processing request
This request needs to be accompanied by compelling reasons in accordance with the Prioritizing Cases in Migration and Refugee Division President’s Direction
Fast Track decision request
This request is a targeted approach to managing cases and must follow the procedures set out below.
Representatives should make a submission through the online submission tool or email mrdivision@aat.gov.au and include the following:
‘Fast track decision request’ clearly in the subject line,
Evidence that the applicant meets the criteria in dispute, and
A submission that clearly sets out how this evidence satisfies the criteria in dispute and a favorable decision on the papers can be made.
The AAT will be including the above process in a Practice Direction for the MR Division to cover operations during the COVID-19 pandemic. This Practice Direction is due for release shortly.
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