Posted Jun 2016
Steps in a Review in the Migration and Refugee Division
If Department of Immigration and Border Protection refuses or cancels your visa you may have a possibility to appeal the decision of delegate of the Department of Immigration and Border Protection to the Administrative Appeals Tribunal (AAT – Formerly MRT (Migration review tribunal))
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. We also review decisions made under Norfolk Island laws.
The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976. On 1 July 2015 the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were merged with the AAT.
When do I lodge my application?
If you visa has been cancelled or refused, Department of Immigration and border protection may allow you to lodge your appeal for the review of the decision based on your location of application. Department do provide the strict time frame regarding lodging your appeal for the review of the decision made by the Departments delegate and if you fail to lodge the application within the provided time frame you may not be allowed to lodge review after the provided time frame.
AAT may also not consider your application after the provided time frame to lodge the review. Generally, the time frame for the lodgement of the review application is 21 days, so you must lodge your application in 21 days, for it to be a valid review application to be considered by AAT. It may have consequences on your future plans as it may affect your current visa options too.
During the AAT hearing proceedings, member of the tribunal does hearing on your appeal with tribunal and provides you with an opportunity to present your side of evidence to prove your claims made against the decision made by the delegate of Department of Immigration and border protection.
Hearing can be a face to face or on a video conference through electronic communication devices or only on phone via the way of telephonic conversation.
The proceeding of the case decides the decision of your case, mostly member of the tribunal provides you an opportunity to provide evidence prior to the date of hearing.
There few different decisions the AAT makes in response to the review application from the applicant. The AAT may Affirm, Vary or Set Aside the decision being reviewed. What does it mean by those decisions of AAT Tribunal.
When AAT Affirms the decision – That means the decision made by the department is not changed, and the decision remains the same as provided by the Department of Immigration and Border Protection.
When AAT Varies the decision – That means the tribunal has decided to change or alter the decision made by the department of immigration and border protection.
When AAT Sets Aside and Substitute the decision – It Means that the member of Review Tribunal does not agree completely or partially with the decision provided by the Department of immigration and Border protection and substitutes a new decision to change all or part of the decision given to the applicant by DIBP.
When AAT Sets Aside and Remits the decision – It means Tribunal is sending the applicants file back to the department of immigration and border protection to be decided again in accordance with its instructions or recommendations provided by the AAT member.
In case of failing to satisfy the Tribunal in your case and if Tribunal affirms the decision. The possible options after that could be only to lodge request with Federal Court or an application for Ministerial Intervention.
Forms – Forms applicable to the Migration and Refugee Division (MRD)
Applications to the AAT’s Migration and Refugee Division must be made by our online application form or using an approved form. Please click on the link below to access the correct forms from AAT Tribunal.
Click here to Access Application Forms
Have Questions about AAT Process – Check links below
This visa Lets to do:
Take part in workplace-based training to enhance your skills in your current occupation, area of tertiary study, field of expertise