Appeals/Review

My application has been refused. Can I seek a review of the decision?

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.

My relative's application has recently been refused. Can I seek a review of the decision?

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 whether you may seek a review on their behalf.

My visa has been cancelled. Can I seek a review of the decision?

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 you have to do so.

Where the decision to cancel a visa is made by the Minister personally, the person has 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 Administrative Appeals Tribunal (AAT).

Strict time limits apply on appeals to the AAT. Applicants seeking reviews of decisions must apply to the AAT within nine days of being notified of the decision. In cases where there is no power for the AAT to review the merits of a case an applicant may seek judicial review of the legality of the decision.

How much will the appeal/review cost me?

See: Information Form 990i Charges ( PDF File )

When and where can I lodge my appeal/review?

Strict time limits apply for lodging appeals with the Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT) and the Administrative Appeals Tribunal (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 an AAT.

Your application should be lodged directly with the MRT, RRT or the AAT.

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