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Outlined below is general
information about a applying for review of a decision:
REVIEW PROCESS
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Merits Review - Review to a
Tribunal.
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Judicial Review - Review to an
Australian Court.
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Appeals to the Minister of
Immigration.
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The Tribunal can make a decision to
confirm an original decision, vary that decision or overturn the original
decision.
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Applicant must pay Application fee
for review before a Tribunal.
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If applicable, Applicant can apply for
Judicial review before the Federal Court of Australia or the High Court of Australia.
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Courts can decide only whether the law was
applied correctly, when the original decision was made.
MIGRATION REVIEW TRIBUNAL
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Persons who were refused a visa may apply to the MRT.
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Persons who are in Australia, and
have had their visa cancelled may apply to the MRT.
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A Sponsor or Nominator may apply
for review of a visa refusal on behalf of the applicant who made an application outside Australia.
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The MRT may invite you or another person to
provide further information.
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The MRT may invite you (the applicant) to appear to give oral
evidence before the Tribunal.
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The MRT provides you with a statement of
its decision and reasons.
REFUGEE REVIEW TRIBUNAL
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If you applied for a protection visa
(claiming to be a Refugee) and it was not granted, then you have a
right to apply to the Refugee Review Tribunal for review of the decision.
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If you were granted a protection
visa, and that visa was cancelled by DIMA, then you have a right of
review before the Refugee Review Tribunal.
ADMINISTRATIVE APPEALS
TRIBUNAL
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The
Administrative Appeals Tribunal (AAT) provides independent review of
a diverse range of administrative decisions made by the Australian
government and some non-government bodies.
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Applicants
may be eligible to apply to the AAT for review of a decision to
cancel a visa, when the Applicant is in Australia.
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Migration
Review
