Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for defending a visa refusal or cancellation appeal from the Department/Minister (respondent) perspective in Australia. Designed explicitly for government solicitors at the Australian Government Solicitor (AGS) and instructing officers at the Department of Home Affairs, this guide covers the respondent's obligations to assist the Tribunal, T document preparation, hearing representation, and post-decision review including judicial review assessment. Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Jurisdiction: This guide applies to the Department's response to review applications in the Administrative Review Tribunal (ART) under the Migration jurisdictional area. The ART replaced the AAT on 14 October 2024 under the .
Governing Legislation: - Administrative Review Tribunal Act 2024 (Cth) s 56(1) - decision-maker's statutory duty to use best endeavours to assist the Tribunal to make the correct or preferable decision - Administrative Review Tribunal Act 2024 (Cth) ss 23-27 - duty to provide all relevant documents (T documents) to the Tribunal - Migration Act 1958 (Cth) Part 5 and Part 7 - reviewable migration and protection decisions - Direction 110 (commenced 21 June 2024) - ministerial direction for character-related decisions under s 501 - Legal Services Directions 2025 (replaced LSD 2017 from 2 March 2026) - s 42 model litigant obligations for Commonwealth entities in ART proceedings - Administrative Review Tribunal (Common Procedures) Practice Direction - document exchange, service, and hearing procedures
Process at a Glance: Upon receiving notification of an ART application, the respondent Department must: (1) acknowledge receipt and open a legal file; (2) request the complete administrative file from the Department of Home Affairs decision-making section; (3) conduct a conflict check and engage AGS or approved legal panel; (4) prepare and upload the T documents bundle within the ART-specified deadline (typically 28 days); (5) review the applicant's evidence and submissions; (6) draft and file the Department's Statement of Position; (7) conduct a litigation risk assessment and determine whether to concede, consent to remittal, or defend; (8) brief panel counsel; (9) attend the hearing in a non-adversarial capacity assisting the Tribunal to reach the correct or preferable decision; and (10) review the ART decision and advise on post-decision options including judicial review of adverse decisions in the Federal Court.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Administrative Appeal (Respondent) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for CIVIL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Acknowledge receipt of the ART application notification, open file, assign legal officer, and request the complete administrative file from the Department.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Collate and upload the T documents bundle to the ART under ART Act 2024 ss 23-27, ensuring completeness and compliance with the duty to assist (s 56(1)).
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft and file the Department's Statement of Position, assess whether to concede or consent to remittal, and comply with Legal Services Directions 2025 model litigant obligations.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Legal Services Directions 2025 (s 42) model litigant obligations apply to Commonwealth entities in ART proceedings. Replaced LSD 2017 from 2 March 2026.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Legal Services Directions 2025 (s 42): the Department must not defend proceedings known to be indefensible or cause unnecessary delay or expense to the applicant.