If you have received a decision from the Department refusing your visa application or your visa has been cancelled, you may have review rights available. Most appeals will be heard by the Administrative Appeals Tribunal.
The benefits of the AAT are as follows:
- It is an independent body from the Department of Immigration and thus the presiding Member of the tribunal can make a new decision on your application afresh.
- The tribunals are required to conduct the review in a manner that is fair, just, economical, informal, quick and independent.
The AAT’s current cost for filing the application for review is $1673.00 and if you are successful in the review, you will receive half of the fee back by way of a refund. There is no charge to review refugee matters, however if the decision is unsuccessful, you will be required to pay $1673.00 to the tribunal.
Frequently Asked Questions
What are my chances of winning at the MRT?
For the period 1 July 2014 to 30 April 2015, a total of 13,949 applications for review were decided by the Migration Review Tribunal. Of those decisions, the MRT set aside 4585 Decisions of the Department, a whopping 33%!
How long do I have to appeal my decision?
There is absolutely no point in seeking the review of your decision by lodging an application for review outside of the relevant period. Additionally, not every decision made by the Department is reviewable.
Briefly stated, reviewable decisions fall into two broad categories. That is decisions made in respect of applications onshore and decisions made in respect to applications offshore (overseas).
As a general rule, visa refusal decisions made onshore have a period of 28 days to seek a review; whereas decisions made offshore (overseas) have a total of 70 days to seek a review.
If your visa has been cancelled, shorter time frames apply.
Your decision received from the Department will generally state the time limits which you are facing.
Should I use a Migration Lawyer?
Being represented by a migration lawyer at a hearing at the MRT has a significant impact on the outcome of an application. The overall set aside rate for all types of cases at the MRT in 2014/2015 was 33%. In cases where the applicant was represented, the set aside rate was much higher than the set aside rate for unrepresented applicants.
At Queensland Migration Practice, we understand that your case is an emotional and financial investment. We provide realistic advice and take a long term strategic view about what you can achieve. We are not afraid to look beyond an outcome at the MRT, including opening the door to other strategic options.
Our staff have attended over five hundred hearings and are experienced in all aspects of the review process. For a confidential discussion about your options, contact us today.
