ARC Migration Issues Paper - November 2025

On 4 March 2025, the then Attorney-General, the Hon Mark Dreyfus KC MP, wrote to the Chair of the Administrative Review Council to request that the Council inquire into the amendments to the Migration Act 1958 (Cth) in the Administrative Review Tribunal (Consequential and Transitional Provisions No 1) Bill 2023 (Cth) ('ART (CTP 1) Bill'). The Attorney-General's request followed a recommendation made by the Senate Legal and Constitutional Affairs Legislation Committee in its inquiry into the Administrative Review Tribunal Bill 2023 (Cth) ('ART Bill') and the ART (CTP 1) Bill:

The committee recommends that. on the establishment of the Administrative Review Council, the Australian Government should refer to the Council the amendments to the Migration Act 1958 in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2024 and the matters raised in evidence to this committee regarding the operation of the Administrative Review Tribunal in relation to migration and asylum matters.

On 14 October 2024, the ART Bill and the ART (CTP 1) Bill were enacted as the Administrative Review Tribunal Act 2024 (Cth) and the Administrative Review Tribunal (Consequential and Transitional Provisions No 1) Act 2024 (Cth). The primary change effected by the Acts was the establishment of the Administrative Review Tribunal, replacing the Administrative Appeals Tribunal as the peak federal merits review tribunal.

On 19 May 2025, the Council decided to inquire and report on this matter.