From the time that an application for review is lodged in the AAT to the time it is determined in a hearing is “around 470 days” (or about 15-16 months).

There are however, provisions for “priority processing” and for a “fast track decision”. These are both separate processes. The guidelines for priority processing are set out in a President’s Direction. The requirements for a fast track decision are:

“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).”

I am grateful for the MIA bringing this to the attention of its members in its notice which was circulated to members this morning.