Sensible Tactics or Missed Opportunity? Evaluating the Exceptional Treatment of Migration and Refugee Decisions in the Administrative Review Tribunal Act

Daniel Ghezelbash et al.

Federal Law Review2025https://doi.org/10.1017/fed.2025.10014article
ABDC A*
Weight
0.50

Abstract

The creation of the Administrative Review Tribunal represents a critical redesign of Australia’s federal administrative review system. In this article, we draw on a novel dataset from the Kaldor Centre Data Lab to question the government’s justifications for retaining separate codified procedures and other restrictive rules for the new tribunal’s migration and protection jurisdictions. Our data analysis reveals that historically, there is no evidence that the codification of procedures increases the efficiency or certainty of decision-making. This approach may in fact have the opposite effect, contributing to both inefficiencies and unfairness for applicants. The government’s decision to retain separate procedures for migration and protection applicants represents a missed opportunity and may undermine the new tribunal’s objectives.

Open via your library →

Cite this paper

https://doi.org/https://doi.org/10.1017/fed.2025.10014

Or copy a formatted citation

@article{daniel2025,
  title        = {{Sensible Tactics or Missed Opportunity? Evaluating the Exceptional Treatment of Migration and Refugee Decisions in the Administrative Review Tribunal Act}},
  author       = {Daniel Ghezelbash et al.},
  journal      = {Federal Law Review},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1017/fed.2025.10014},
}

Paste directly into BibTeX, Zotero, or your reference manager.

Flag this paper

Sensible Tactics or Missed Opportunity? Evaluating the Exceptional Treatment of Migration and Refugee Decisions in the Administrative Review Tribunal Act

Flags are reviewed by the Arbiter methodology team within 5 business days.


Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.