 |
|
|
|
 |
Tribunal Review |
|
|
|
|
|
Administrative Appeals |
|
|
|
|
|
Court Review |
 |
|
|
 |
|
|
 |
|
|
 |
|
|
 |
|
|
 |
|
|
 |
|
||
|
Visa Refusals
If your visa application has been refused, you may be able to have that decision reviewed at a relevant tribunal. There are 3 tribunals in Australia that review decisions, namely the Migration Review Tribunal, the Refugee Review Tribunal and the Administrative Appeals Tribunal. These tribunals are able to either remit a decision back to the Department for reconsideration with a direction that an applicant meets certain criteria, or set aside a decision of the Department and substitute a different decision in its place. Strict time limits apply to all review applications, so it is very important that you lodge an application for review within the relevant time frame. You should contact us as soon as possible after being notified for advice on your options. Migration Review Tribunal (‘MRT’) & Refugee Review Tribunal (‘RRT’) The MRT reviews a range of visa refusals except for Protection Visa refusals, which are reviewed by the Refugee Review Tribunal (‘RRT’). Both the MRT and the RRT will look at your case as if it were a fresh application, and will look at all the evidence that you presented to the Department as well as any other evidence that you provide directly to the tribunals. The tribunals can also carry out its own investigations into your matter. It is likely that you will have to attend a hearing before the MRT or RRT. This is an opportunity for the Tribunal Member to ask you any questions that they may have in relation to your matter. MRT reviews cost $1400, and this fee will be refunded to you if the MRT makes a decision in your favour. There is no fee for an RRT review; however, if the RRT does not make a decision in your favour, you will have to pay $1400. Administrative Appeals Tribunal (‘AAT’) If you are in Australia and your visa has been cancelled or refused on character grounds by the Department, you may have a right to review that decision at the AAT. If you are outside Australia and your visa application has been refused on character grounds you may have the right to review the decision at the AAT. Please note that eligibility for review of a visa refusal or cancellation on character grounds at the AAT depends on the particular visa held, or applied for. You will have a hearing before the AAT which will be attended by a representative of the Department. Hearings at the AAT are generally very formal and more like court proceedings than MRT and RRT hearings. Review Of A Visa Refusal Or Cancellation By A Court If you have had a negative decision at the MRT, RRT or AAT, and there has been an error in the way the tribunal applied the relevant law in reaching a decision in your case, you may be able to seek review of that error of law at an appropriate court, such as the Federal Magistrates Court. Strict time limits apply for anyone seeking review at a court, so you should contact us as soon as possible after receiving the decision from the relevant tribunal and we can discuss your options further. |
|
|
|
||
| Migration Agents Code of Conduct |
| Migration Agents Registration Numbers Puls: 0533088; Viegas: 0532285; Tuaine: 0534898 |
| The contents of this site are for information purposes only and should not, under any circumstances, be used as a substitute for legal advice. We recommend that you seek legal advice in relation to your situation. |
| Liability limited by a scheme approved under Professional Standards Legislation. |
|
|
| Text and Web Design © 2006 Advocate Immigration Pty Ltd (ABN 86 115 501 696) |