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February 8, 2026Federal Law ReviewOpen Access

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

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Authors

DGDaniel GhezelbashMCMary CrockMBMia Bridle

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Overview

Analysis questions the efficiency of separate procedures for migration and protection jurisdictions, suggesting a missed opportunity.

Key Points

  • This analysis examines the effectiveness of the Administrative Review Tribunal's procedures for migration and refugee cases.
  • Utilized a novel dataset from the Kaldor Centre Data Lab
  • Analyzed historical data related to procedural codification
  • Evaluated government justifications for separate migration and protection procedures
  • No evidence found that codified procedures improve efficiency or certainty in decision-making
  • Separate procedures may lead to inefficiencies and unfairness for applicants
  • Retaining distinct processes for migration and protection could undermine the tribunal's goals

Cite This Study

Ghezelbash et al. (2026) studied this question.

synapsesocial.com/papers/698829410fc35cd7a8849612https://doi.org/10.1017/fed.2025.10014
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Administrative Justice, Procedural Fairness and Public Trust: Issues in the Review of Low-Value Infringement Systems in New South Wales2026
  2. 2Getting It Right the First Time: Exploring the False Economy of Bill C-12's Refugee Process Shortcuts2025
  3. 3Getting It Right the First Time: Exploring the False Economy of Bill C-12's Refugee Process Shortcuts2025
  4. 4Administrative Justice, Procedural Fairness and Public Trust: Reform Options for Low-Value Infringement Review Systems in New South Wales2026
  5. 5Robodeport or surveillance fantasy?: how automated is automatic visa cancellation in Australia?2024 · 3 citations