Migration Review Tribunal (MRT)
If you have been rejected in your attempt to receive/ extend your visa or if you have been requested to appear before a review tribunal Australian Visa & Migration Consultancy Services can help you to appeal the decision.
The Tribunal is an independent merits review body, which can review certain decisions made by the Minister of Immigration and Multicultural Affairs or by officers who are delegates of the Minister
You can appeal if:
1. You have applied for a visa in Australia and you are in Australia at the time of lodging the review application. 2. You are in Australia and you have had your visa cancelled, but not if your visa is cancelled automatically.
3. You are in Australia and your application to have the cancellation of your visas revoked have been refused
4. You are outside Australia. A sponsor or nominator may apply for review of a visa refusal or point assessment decision or in the case of a resident return visa or visitor visa, a parent, spouse, child, brother or sister of the visa applicant may apply for review. In the case of a visitor visa, particulars of the relative must have been included in the visa application.
5. You were granted a subclass 309 or 310 visa overseas prior to being refused a subclass 100 or 110 visa within Australia .
6. Your application to become a pre-qualified business sponsor or standard business sponsor has not been approved.
7. Your application for the renewal of approval as a pre-qualified business sponsor has not been approved.
8. Your approval as a pre-qualified business sponsor, or as a standard business sponsor has been revoked.
9. An employer whose application for approval of a nominated position (under the Employer Nomination Scheme or the Regional Sponsored Migration Scheme) has been rejected.
You can appeal if:
That is very important that you lodge your appeal within following time frames after your application has been refused. Do not delay your appeal.
2 WORKING DAYS if you have been refuse to grant or to cancel, a bridging visa, as a result of which the visa applicant or former visa holder is being held in immigration detention;
2 WORKING DAYS, during which a 5 WORKING DAY extension can be requested. if you have had a visa cancelled
21 DAYS if you are seeking review of a decision to refuse a visa in Australia while in Australia , and you are not in immigration detention.
21 DAYS if you were the holder of a subclass 309 or 310 visa and have been refused a subclass 100 or 110 visa while in Australia .
21 DAYS if you are seeking review of a business sponsorship, business nomination or employer nomination decision.
70 DAYS if you are applying as a sponsor, nominator or close relative (ie where the visa application was made outside Australia and the application was refused). This is a general overview only. For more details please contact Australian Visa & Migration Consultancy Services.
Refugee Review Tribunal (RRT)
This Tribunal only hears Protection Visa cases. Other cases go to the Migration Review Tribunal. The appellant may appear with supporting witnesses and a solicitor or a Migration Agent.
If the Department refuses to grant a protection visa, you will be notified by the Department of this decision. The notification will also tell you that you have a right to apply to the Refugee Review Tribunal for a review of the Department's decision.
It is Important to Apply Immediately. The Tribunal Cannot Extend The Application Period.
If you are not in immigration detention
The Tribunal must get your application within 28 calendar days of the date you were notified by the Department of their decision.
If you are in immigration detention
The Tribunal must get your application within 7 working days of the date you were notified by the Department of their decision. You must tell the custody review officer at the detention centre about the application on the same day that you send the application.