Appeals/Reviews - Frequently Asked Questions
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1. Can I seek a review of my refused application?
Most decisions made in Australia can be reviewed. Some overseas decisions, usually where a sponsor, nominator, or close family member is involved, may also attract review rights.
When you are notified of a decision to refuse your application, you will be advised if you may seek a review of the decision made and the time you have to do so. The review in each case will be a review of the merits of the decision.
The merits review is by a body independent of the department where the reviewer stands in the shoes of the decision-maker and can consider any relevant information available. The review bodies available are:
- the Migration Review Tribunal (MRT) - it reviews a range of visa refusal and visa cancellation decisions. A fee is payable when you lodge an appeal. Strict time limits apply for lodging appeals with the MRT. Information and application forms are available from the MRT registries and website.
See: Migration Review Tribunal - the Refugee Review Tribunal (RRT) - it reviews decisions relating to refugee status. A leaflet and application form is available from RRT offices in Sydney and Melbourne and from departmental offices. Time limits apply to the lodgement of applications. For applications and further information, you will need to contact the RRT.
See: Refugee Review Tribunal -
the Administrative Appeals Tribunal - (AAT) provides independent review of a wide range of administrative decisions made by the Australian Commonwealth government and some non-government bodies. Strict time limits apply for lodging appeals with the AAT. Information and application forms are available from the AAT registries and website.
See: Administrative Appeals Tribunal
All merits review bodies have the power to set aside the departmental decision and substitute in its place the decision of the body.
If this review is unsuccessful it may be possible to seek judical review of that decision by the Federal Court.
The review by the Court is not a review of the merits of the decision. It is a review of the lawfulness of the decision making process.
2. Can I seek a review of my relative's refused application?
Most decisions made in Australia, as well as a number made overseas where a close family member is involved, can be reviewed.
When your overseas relative is notified of a decision to refuse their application or to cancel a visa, they will also be advised as to who can lodge a review application.
3. Can I seek a review of my cancelled visa?
When you are notified of a decision to cancel a visa, you will also be advised as to whether you may seek a review of the decision made and the time within which you have to do so.
Where the decision to cancel a visa is made by the Minister personally, the person does not have a right of appeal.
Where a departmental officer cancels the visa and the person is in Australia, they will - in most cases - have a right to have the decision reviewed by the MRT, the RRT or the AAT.
Note: Strict time limits apply on appeals to the review bodies.
See:
Migration Review Tribual
Refugee Review Tribunal
Administrative Appeals Tribunal
4. How much will the appeal/review cost me?
Fees for appeals or reviews are as follows:
- Migration Review Tribunal - AUD$1,400
- Refugee Review Tribunal - AUD$1,400
- Administrative Appeals Tribunal - AUD$574
See: Charges (Fees)
5. Where can I lodge my appeal/review?
Appeals to the MRT, RRT or the AAT can be lodged at the addresses shown on the websites of the Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT) and the Administrative Appeals Tribunal (AAT).
Information and forms are also available from offices of the MRT, RRT and AAT. Your application should be lodged directly with the MRT, RRT or the AAT.
See:
Migration Review Tribual website
Refugee Review Tribunal website
Administrative Appeals Tribunal website
6. When can I lodge my appeal/review?
Strict time limits apply for lodging appeals with the MRT, the RRT and the AAT.
If your application is lodged outside the time limit, it may not be accepted.
Information and forms are available from offices of the MRT, RRT and AAT.
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