|
|
Migration Review Tribunal
Migration Review Tribunal (MRT)
What Types of Decisions Can MRT Review?
Time Limits for Lodging MRT Applications
How Do I Lodge My Appeal?
What if I can't Afford the Fee?
What Happens At the MRT?
Migration Review Tribunal (MRT)
The MRT conducts a merits review of the original
decision. It reassesses the original application
to see if you meet the requirements for the visa. The MRT is bound
by migration law and applies
the law which existed at the time that the application was lodged.
What Types of Decisions Can MRT Review?
- MRT will deal with your appeal if you applied for any kind
of Family Migration Visa and you
(or your sponsor/proposer) is in Australia at the time of rejection.
- Decisions reviewable by the MRT include:
- decisions to refuse an onshore application for a visa (other
than a protection visa or
a bridging visa);
- decisions to cancel a visa (other than a protection visa or
a bridging visa);
- decisions to refuse to grant a bridging visa; and
- decisions to refuse to grant an offshore visa where the visa
applied for requires
the applicant to be sponsored by an Australian permanent resident
or citizen.
- However, if your visa was rejected on character
grounds, MRT will not deal with your appeal.
You will have to appeal to the Administrative Review Tribunal
(AAT).
Time Limits for Lodging MRT Applications
- It is extremely important that you note the
time limit for lodging an application for review.
- If the application for the visa was lodged overseas
and you received the rejection letter
by post, you have 91 days to lodge an
application for review to the MRT from the date of the DIMA letter
that tells you of their decision. If the rejection letter was
delivered by hand, the application must be lodged
within 70 days from the date of the DIMA letter.
- If the application for the visa was lodged in Australia
and you received the rejection letter
by post, you have 28 days to lodge an
application for review to the MRT from the date of the DIMA letter
that tells you of their decision. If the rejection letter was
delivered by hand or verbally, the application
must be lodged within 21 days from the date of
the DIMA letter.
- If you are in Australia and your visa is cancelled
you have 7 days to lodge an application for review
to the MRT from the date of the DIMA letter that tells you of
their decision. This time limit applies to you regardless to whether
you are in immigration detention or not.
- If you applied for a Bridging
Visa and your application was rejected, you have 2
days to lodge an application for review to the MRT from
the date you were notified .
- The MRT cannot extend this time. If you lodge your application
for review later than the
prescribed time, your application is invalid and MRT cannot look
into the matter.
- If you do not lodge an application for review or obtain another
Bridging
Visa you could be taken into detention
and
deported by DIMA.
How Do I Lodge My Appeal?
What If I Can’t Afford the Application Fee?
- If you can convince the MRT that paying the application fee
will cause you “severe financial hardship”, the MRT
will waive the payment. In order to make this decision,
the Tribunal needs to know your financial circumstances and those
of other people
associated with your application for review.
- To apply for a fee waiver, you need to complete and lodge
Application for Fee Waiver
(Form MRT 11).
- You need to provide evidence that you cannot afford to pay
the application fee.
The documents you need to provide are:
- Your bank account statements for the past 6 months
- Letters from Centerlink to prove you receive benefits from
the Government,
or 2 current payslips of Centrelink payments.
- If you are employed, your fortnightly pay slips.
- Bills for telephone, electricity, gas, rent/mortage, and
any other regular expenses
- Proof of debts, if any.
- Your most recent income tax assessment notices
- Credit card statements for the past 6 months
What Happens At the MRT?
• When an application for review is received by the MRT, it
is assessed by registry staff to ensure
it meets eligibility requirements.
• The Tribunal will ask the Department of Immigration to send
them its file.
• The application file and the DIMA file are then allocated
to a case team led by a
senior case officer who examines the file, assembles relevant documents
and prepares the
application for review by a Tribunal member. A case remains the
responsibility of the team
unit until it is, ready for consideration by a Tribunal Member.
• The files then go to a MRT Member for review under to the
Migration Act.
• The MRT can make a favourable decision "on the papers"
if it thinks that it has enough
evidence before it to do so. The MRT will contact you or your adviser
and tell you it
can make a decision “on the papers” or else the MRT
will request further information.
• If a favourable decision cannot be made “on the papers”
the applicant will be invited to a hearing.
The hearing will be held in person or by video or telephone link.
The invitation will be sent to
you in writing, telling you of the date and place of the Hearing.
A form will come with the letter
asking if you want to bring any witnesses or your advisor to the
Hearing, and if you need an
interpreter. The Tribunal will engage an interpreter if necessary.
You have to fill in this form
and send it back to the MRT.
Do I have
other review options if the MRT rejects my application?
|
printer
friendly