Most decisions made in Australia can be reviewed. Some overseas decisions, usually where a sponsor, nominator, or close family member is involved, may also attract review rights.
When you are notified of a decision to refuse your application, you will be advised if 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) - it 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 registries and website.
The Refugee Review Tribunal (RRT) - it 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 lodgment of applications. For applications and further information, you will need to contact the RRT.
The Administrative Appeals Tribunal (AAT) - provides independent review of a wide range of administrative decisions made by the Australian Commonwealth government and some non-government bodies. Strict time limits apply for lodging appeals with the AAT. Information and application forms are available from the AAT registries and website.
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 judicial review of that decision by the Federal Court. 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.
