Administrative Appeals Tribunal
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| Agency overview | |
|---|---|
| Formed | 1976 |
| Jurisdiction | Australia |
| Employees | 161 (2015) |
| Minister responsible | |
| Parent department | Attorney-General's Department |
| Child agencies |
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| Key document | |
| Website | aat |
The Administrative Appeals Tribunal (AAT) is an Australian tribunal which provides for quasi-judicial review of administrative decisions by the Government of Australia. It is not a court and not part of the Australian court hierarchy, however its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the Administrative Appeals Tribunal Act 1975 and started operation in 1976.
On 1 July 2015, the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal became divisions of the Administrative Appeals Tribunal.
The Tribunal was established by the Administrative Appeals Tribunal Act 1975 (Cth), and commenced operations on 1 July 1976.
The AAT does not have a general jurisdiction to review administrative decisions. Rather the individual statutes that empower agencies or Ministers to make decisions also grant jurisdiction to the AAT to review the decisions. For example, certain decisions made by a delegate of the Minister for Immigration and Citizenship under the Migration Act 1958 may be subject to merits review in the AAT. The right of review is provided for in the Migration Act itself.
The Tribunal is not a court. The Australian Constitution mandates a separation of powers between the executive, legislative and judicial branches of government. Judicial review of administrative decisions takes place in courts, such as the Federal Court and the Federal Circuit Court. Merits review of administrative decisions takes place in the AAT and other tribunals such as the Migration Review Tribunal and the Refugee Review Tribunal. These tribunals remain part of the executive branch of government. The President of the AAT must be a judge of the Federal Court, but serves on the AAT in a personal, not judicial, capacity.
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