Most decisions made in
Australia can be reviewed, as well as a number made overseas (usually where a
sponsor, nominator or close family member is involved).
When you are notified of a decision to refuse your application you will be
advised as to whether 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)
- 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;
-
the Refugee Review Tribunal (RRT) - 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.
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 review of that decision by the Federal
Court, which is called judicial review. 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.