Reviews and Appeals

Reviews and Appeals

Visa rejection and cancellation is not the last option. We can assist genuine rejected applications or visa cancellations for appeals to the Tribunal or Minister. Discuss with us and we will guide you to the next best course of action

MRT – Reviews and Appeals

The Migration Act 1958 (Cth) and the Migration Regulations specify which decisions the tribunals can review, who may seek review of a decision, how an application for review must be made, the time limits within which applications for review must be lodged, and whether an application fee is payable. The rules vary depending on the type of matter. The tribunals cannot accept an application for review lodged outside the relevant time limit or which has been lodged by a person who is not entitled to apply for review. Depending on the decision under review, the person applying for review must be the visa applicant, the former visa holder, the sponsor or a close relative.

Ministerial Intervention

You can make a request for ministerial intervention if you have received a decision by a review tribunal. This is because the minister’s public interest powers need a review tribunal decision to exist before he can intervene. A ‘review tribunal’ means the Refugee Review Tribunal (RRT), the Migration Review Tribunal (MRT) or, in certain circumstances, the Administrative Appeals Tribunal (AAT). However, there are certain limited circumstances where the minister cannot intervene even after a decision by a review tribunal. These include where:

  • Temporary Residence Transition (TRT) stream
  • Direct Entry (DE) stream
  • Labour Agreement (LA) stream

Temporary Residence Transition (TRT) stream

This stream may be available if your employer wishes to sponsor you for permanent residence.

You may be eligible under this stream if you hold either of the following:

  • Our decision not to grant a visa is not a decision that can be reviewed by the relevant review tribunal
  • the review tribunal has sent your case back to us for further consideration and one of our decision-makers has made a subsequent decision on the visa
  • your review tribunal decision was made before 1 September 1994
  • a finding by the tribunal that our decision is not reviewable by it
  • a finding by the tribunal that the application made to the tribunal was invalid as it was not made within the required timeframe
  • a decision of the AAT that is not in respect of an MRT reviewable decision or a protection visa decision.

The department will advise you if your request cannot be considered under the minister’s public interest powers.