AAT eligibility for TSS applicants: Misconceptions?
The article recently published on the changes made to s 338(2) of the Migration Act has prompted industry discussions, with some practitioners arguing that those changes will not affect the AAT eligibility of TSS applicants. The writer respectfully disagrees, as s 57 not always applies.
New s 338(2)(d) might deny AAT eligibility
Part 2 of the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 brings changes to the circumstances in which a subclass 482 visa refusal is reviewable by the AAT. If s 57 of the Migration Act is not enlivened and the TSS application is refused, the visa applicant might not be eligible for merits review.