If you have been refused an Australian visa, one of the options for a review of this decision may be to apply to the Migration Review Tribunal (MRT). Where a visa has been refused the MRT has the power to re-assess the original decision and examine whether the applicant meets the requirements for obtaining the visa. We will not only assist with the presentation of your case at a hearing into whether a refusal should be revoked, but will be able to assist with the initial application, including directing on what basis the revision of a visa refusal should be argued and what documents should be submitted by the applicant to convince an MRT member of the need to change a visa refusal conclusion. We advise you on the costs and the time involved. There are strict time limits for making applications to the MRT. The time limits vary depending on the decision which is being disputed but for all decisions these time limits are relatively short.
The Administrative Appeal Tribunal is an independent Australian statutory body which reviews decisions made by Department of Home Affairs regarding visa refusal and cancellation. The role of the AAT is to check whether the decision made by department is correct or incorrect. The AAT conducts a fresh assessment of the application and may overturn decision, substitute another decision or return case to DHA for reconsideration.
Who can apply?
Ans. Any visa applicant or visa holder whose visa is refused or cancelled and is eligible for a merits review of the decision. Most of the onshore applications are eligible for merits review including some offshore applications in which the sponsor is onshore.
There may be number of reasons behind visa refusal or cancellation. They are as follows:
- Failure to meet Genuine Temporary Entrant requirements
- Failure to meet academic requirements
- Failure to meet English language requirements
- Insufficient funds
- Unacceptable health or character conditions
- Failure to provide information about previous visa history
- Fraud documents or insufficient documents
- Failure to meet visa conditions after visa grant
- Unsatisfied academic record or attendance after joining the course
- Incomplete information in support of visa application
- Failure to update change in circumstances when visa application is under process
It is not mandatory to appoint a migration agent but yes, a migration agent have knowledge of the legal terms and regulations and he/she can assist you with the submission and preparation of your review application to be submitted with AAT. Your agent can
- Submit your review application
- Correspond with AAT on your behalf
- Help you understand the DHA decision, reasons for the decision and the issues which need to be addressed.
- Assist you with preparing your submissions and documentation
- Accompanying you to the AAT hearing
Please not the representative must be a registered migration agent.
It is not mandatory to appoint a migration agent but yes, a migration agent have knowledge of the legal terms and regulations and he/she can assist you with the submission and preparation of your review application to be submitted with AAT. Your agent can
- Submit your review application
- Correspond with AAT on your behalf
- Help you understand the DHA decision, reasons for the decision and the issues which need to be addressed.
- Assist you with preparing your submissions and documentation
- Accompanying you to the AAT hearing
Please not the representative must be a registered migration agent.
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Contact us today for Australia Immigration & Migration Service.
