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.
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