Last updated 2 July 2016

Where the Minister for Immigration and Border Protection signs a deportation order against a permanent resident convicted of a crime, the person has a right to appeal on the merits to the Administrative Appeals Tribunal (AAT) (s 500(1)(a) Migration Act 1958 (Cth)).

The AAT is independent of the minister and the Department of Immigration and Border Protection, and is obliged to make a fresh decision.

The decision maker must supply a statement of reasons within 28 days of the application being lodged with the AAT. These documents are required to be lodged at the AAT and are usually made available to the person who has applied for review (ss 37, 39 Administrative Appeals Tribunal Act 1975 (Cth)).