Review

Migration Review
    Tribunal
Refugee Review
    Tribunal
Administrative
    Appeals Tribunal

Outlined below is general information about a applying for review of a decision:  

REVIEW PROCESS  

  • Merits Review - Review to a Tribunal.

  • Judicial Review - Review to an Australian Court.

  • Appeals to the Minister of Immigration.

  • The Tribunal can make a decision to confirm an original decision, vary that decision or overturn the original decision.

  • Applicant must pay Application fee for review before a Tribunal.

  • If applicable, Applicant can apply for Judicial review before the Federal Court of Australia or the High Court of Australia.

  • Courts can decide only whether the law was applied correctly, when the original decision was made.

MIGRATION REVIEW TRIBUNAL  

  • Persons who were refused a visa may apply to the MRT.

  • Persons who are in Australia, and have had their visa cancelled may apply to the MRT.

  • A Sponsor or Nominator may apply for review of a visa refusal on behalf of the applicant who made an application outside Australia.

  • The MRT may invite you or another person to provide further information.

  • The MRT may invite you (the applicant) to appear to give oral evidence before the Tribunal.

  • The MRT provides you with a statement of its decision and reasons.

REFUGEE REVIEW TRIBUNAL  

  • 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. 

  • 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  

  • 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.

  • Applicants may be eligible to apply to the AAT for review of a decision to cancel a visa, when the Applicant is in Australia.

 

Registered Migration Agents Member of Canadian Society of Immigration Consultants OISC MIA