Administrative Appeals Tribunal Application
Average percent of cases successful33
Our success rate:84
*Please note that these figures are based on the 2014 – 2015 financial year.
If your Australian visa has recently been refused or cancelled, you may be eligible to apply for an appeal with the Administrative Appeals Tribunal. Your dedicated migration agent from This Is Australia will review your documentation, prepare and submit your application to the MRT on your behalf.
Established in 1999, the MRT is an independent body that has the power to re-assess the original decision made by the Department of Immigration and Border Protection (DIBP) and determine whether the applicant meets the minimum requirements for obtaining the visa.
There are many reasons to review the refusal and cancellation of a visa by the MRT. If you believe that your visa application for a visa should not have been cancelled or rejected, we can assist in resubmitting cases to the Administrative Appeals Tribunal to acquire a more favourable decision.
Types of decisions, which are renewable by the MRT:
- If a visa application in Australia has been refused;
- The cancellation of a visa while the visa holder is in Australia;
- Refusal to revoke the cancellation of a visa if the person is in Australia;
- A determination on the points test for skilled migration visas, business sponsorships and nominations;
- A determination on security bonds for bridging visas.
On the rare occasion, if the MRT determines the decision to refuse a visa was incorrect, it has the power to set the decision aside and to grant the visa application. In most cases, the decision on an incorrect refusal of a visa will simply be set aside and the decision remit back to the DIBP for reconsideration.
The MRT cannot review the following cases:
- The visa holder was outside of Australia when the decision to cancel a visa occurred.
- A decision to refuse or cancel a visa on the grounds that a person is not of good character.
Submission Time Limits
It is valuable to note that there are strict time limits enforced for submitting an application to the MRT. The decision which is being challenged will greatly influence the time of lodging an application, but overall, the time limits are relatively short. An application to the MRT can only be lodged outside the time limit in rare cases. As soon as you have been notified of an unfavourable decision by DIBP, the time limit you have to submit an application to the MRT will be also provided. If it is not or if you do not understand you should seek professional assistance
The Administrative Appeals Tribunal Process
Once we lodge an application, a member of the MRT will review the documents to determine whether the Department has made an apparent mistake to refuse or cancel the visa. If there is no evident mistake or reason for refusing or cancelling your visa, the member will then move to a hearing whereby the application will give evidence and is able to tender any further written information or call witnesses. After the hearing, the member will make a final decision on the submission.
It is not compulsory to be represented, although professional assistance from This Is Australia can increase your prospect of success. In Australia, only registered migration agents can legally represent you at the MRT. We will also assist with the initial application, advising on your argument and what documents need to be provided by an applicant. For more information, call our Queensland office on (07) 5592 0755 of get in contact with us via our online contact form .