REVIEWING MIGRATION DECISIONS
Has your visa being refused or are you having problems with your visa?
What can I do?
There are a number of ways you can appeal a decision of the Department of Immigration, this process is called a "review". You can use the:
- Merits review by the Migration Review Tribunal (MRT)
- Merits review by the Refugee Review Tribunal (RRT)
- Administrative Appeals Tribunal (AAT)
- Judicial review Federal Court
You can also complain to the Commonwealth Ombudsman or the Human Rights and Equal Opportunity Commission, although they cannot make the Department change its decision.
What is "Merits Review"
This means that the decision of the body making the decision can be looked at on its "merits", rather than the lawfulness of the decision. In other words the person seeking the review believes the decision of the body was wrong, not necessarily a breach of their powers under the law.
What is "Judicial Review"
Unlike "merits review", this is where a Court looks at the way on which an administrative body or Tribunal exercises its power under the law.
There are very strict time limits that apply to all reviews, so it's very important to get legal advice immediately.
Can all decisions be reviewed?
No. The Migration Act tells us which decisions can be reviewed. Some of the decisions that can be reviewed (in general) are:
- some decisions refusing a visa to a person who is already in Australia;
- refusing a visa to a person who is overseas and has an Australian sponsor;
- refusing a visitor's visa to a person who is overseas and has Australian relatives who are referred to in the application;
- some decisions about the assessment of points.
We can provide you with the following services
- We can do a case study search for you to look at previous or similar cases, and then provide you with relevant advice
- We can advise on your options for a new application
- Advise you on your position if you are in Australia and had a visa cancelled (S 48 criteria)\
- Represent you in any review process
- You can normally not review an offshore application (unless you had - by way of example only - an eligible Australian sponsor)
- Onshore decisions can normally all be reviewed
Contact us now for further details and prompt attention to your needs.