‘Boat arrivals’: Peter Dutton slams student visa rort

Peter Dutton says a wave of international students challenging their visa decision in the AAT to extend their stay is the ‘modern version of boat arrivals’.

Peter Dutton says foreigners were using the Administrative Appeals Tribunal to delay their deportation and outmanoeuvre the government’s push to cut net migration. Picture: Adam Taylor

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Peter Dutton says a wave of international students challenging their visa refusal or cancellation through the tribunals and courts to delay their deportation is the “modern version of boat arrivals”, as the new appeals body comes under fire for failing to address the case backlog at its first meeting.

The Opposition Leader said foreigners were using the Administrative Appeals Tribunal to delay their deportation and outmanoeuvre the government’s push to cut net migration, following revelations that appeals to student visa decisions had surged.

New AAT figures, uncovered by The Australian, show the number of international students lodging reviews of their student visa refusal or cancellation was climbing rapidly, with 4863 cases lodged in July and August alone – more than double the 2278 lodged in the entire 2022-23 financial year.

“I just think when you look at the detail, this is the modern version of the boat arrivals,” Mr Dutton told 2GB Radio on Thursday.

“So people have found a weakness in the system, they are exploiting the weakness.

“They obviously will be getting advice from lawyers in this space and others who have tested the system and found success, and ultimately have stayed in Australia, or they have extended their stay.”

Amid concerns that a significant proportion of the almost 700,000 international students in the country could lodge appeals and exacerbate the backlog of cases, The Australian can reveal the deluge of cases was not scheduled for discussion at the inaugural meeting of the Administrative Review Tribunal.

The all-member induction, at the Pullman hotel in Melbourne’s Albert Park the day after the review body officially launches on October 14, will include sessions on the “vision and expectations of the tribunal”, the role and function of the president’s chambers and tribunal staff and new ART legislation, a leaked copy of the program shows.

The two-day program will also include a session on the “joy, struggles and inspiration of being a tribunal member”, the “pitfalls of decision writing” and a keynote address from Attorney-General Mark Dreyfus.

There will also be presentations on the “accessibility and responsiveness of the tribunal to the diverse needs of parties” and “conducting remote hearings effectively using audio visual technology where witness credibility is an issue”.

Opposition immigration spokesman Dan Tehan criticised the use of taxpayer money to facilitate the gathering.

“All this shows is how completely out of touch Anthony Albanese and his Labor government is in a cost-of-living crisis,” he said.

“They’re having a two day planning meeting at considerable expense, that doesn’t even deal with the number one issue facing the government; how to address its big Australia policy which is now leading to our courts and tribunals being overrun with appeals.”

The AAT did not respond to questions asking how much the face-to-face would cost, but a spokeswoman said the body was “currently finalising arrangements to enable its operations to transition to the Administrative Review Tribunal”.

“This includes preparing to deliver training, education and professional development for members, as required under the Administrative Review Tribunal Act 2024,” she said. “Details … are yet to be finalised.”

Migration Institute of Australia chief executive Helen Duncan said that while some visa holders used the AAT and the courts to extend their stay, it was important an avenue for review remained to hear the “legitimate reasons for review”. Ms Duncan said there had been a rise in unmeritorious protection visa applications as non-citizens sought to delay their deportation, with some former student visa-holders filing an application after they were rejected.

“There has been an increase in protection visa applications as well, so that has also been a problem with delayed processing and things like that,” she said.

“Again, people use that avenue to extend their stay in Australia.”