It's disappointing to read the word “refused” or “cancelled” in a notification letter from the Department of Immigration and Citizenship. But in most cases, it's not the final word on your status. Many of the department’s decisions can be reviewed. We help our clients pursue reviews/appeals in the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT).

What is a Merits Review?

Merits reviews are conducted by tribunals that have the power to set aside the Department of Immigration and Citizenship’s decisions on visa applications. These tribunals are independent bodies. Their role is to reconsider the facts that resulted in the refusal of your application or cancellation of your visa. Here are explanations of the different kinds of tribunals:

Migration Review Tribunal (MRT)

• The MRT reviews visa refusal and visa cancellation decisions;
• The tribunal is made up of members and staff appointed under the Migration Act 1958;
• Only those advised by the Department of Immigration and Citizenship of their review options may apply for review;
• Depending on the decision under review, the person applying must be the visa applicant, the former visa holder, the sponsor or a close relative of the applicant;
• There is a strict time limit for lodging appeals;

Refugee Review Tribunal (RRT)

• The RRT reviews decisions relating to refugee status;
• Tribunal is made up of members and staff appointed under the Migration Act 1958;
• Only those advised by the Department of Immigration and Citizenship of their review options may apply for review;
• Depending on the decision under the review, the person applying must be the visa applicant, the former visa holder, the sponsor or a close relative of the applicant;
• There is a strict time limit for lodging appeals.

Administrative Appeals Tribunal (AAT):

• The AAT provides independent review of a wide range of administrative decisions made by the Australian Commonwealth government and some non-governmental bodies (such as refusal to grant a visa);
• There is a strict time limit for lodging appeals;
• Unlike the above 2 tribunals, the powers of the AAT are adversarial and allow both sides to present their case.

If your merits review is unsuccessful, it may still be possible to seek a judicial review of that decision. Daniel & Associates will advise you of your options at every point.

Our Review & Appeal Services

When you come to Daniel & Associates for help with a review or appeal case, here's what we do for you:

• assess the decision to deny or cancel your visa;
• assess your qualifications in terms of various visa categories;
• determine whether you were properly notified of the denial/cancellation;
• evaluate your “good character” references;
• advise you on your visa/appeal options, including judicial review;
• advise you on the Immigration Department fees you will be expected to pay throughout the visa/immigration process, as well as on the cost of our services;
• represent you before the Australian Department of Immigration and Citizenship or the Australian Embassy abroad, when required;
• thoroughly prepare you for interviews, when required;
• give you access to an online account to keep track of your case;
• answer your questions during the entire process.

How to Get Started

We offer a range of consulting services that can help with your Review or Appeals case. Contact us for personal, one-to-one consultation.