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Do I have other review options if the RRT rejects my application?
Yes. There are two options: Judicial Review
and Ministerial Consideration
IMPORTANT: 28 days
after the RRT notifies you of its decision, your Bridging Visa will
expire unless you have lodged an application for Judicial Review
or Ministerial Consideration within this time. If you do not proceed
with one of the possible options you will become unlawful and you
may be detained or deported.
If you get rejected by the RRT, you have 2 main options of appeal
if you wish to remain
in Australia.
1) Judicial Review:
• People refused a PV at review may appeal to the Federal
Court for judicial review
of the decision within 28 working days from the date of refusal
by the RRT/AAT
(or 35 working days if you are appealing to the High Court). However,
please note:
• The appeal to Federal Court for judicial review of the decision
can only be made
on grounds of error of law. The Federal Court may not review the
merits of a case.
The Federal Court has the power to either uphold the refusal, or
direct that the
application be reassessed.
• Since changes to the law in September 2001 it is very difficult
to appeal to the
Federal Court as the grounds for appeal are extremely limited.
•If you appeal to the Federal Court and lose the case, you
may be ordered to pay
the Minister’s legal costs which could be many thousands of
dollars. Therefore, it
is very important to seek legal
advice about the best way to review
the RRT decision.
2) Ministerial Appeal:
Apply to the Minister of Immigration for humanitarian reasons under
s 417 of the
Migration Act
• The Minister has the discretionary power to grant any visa
she deems appropriate but
is not obliged to exercise this power.
• The applicant must write to the Minister within 28 days
of notification of the RRT
decision or finalisation of judicial review.
• The Minister will not consider a s 417 letter while judicial
review is ongoing.
• The Minister will grant a visa on humanitarian grounds if
she believes it is in Australia’s
public interest to do so, but there are a number of factors she
particularly looks at:
o If you can prove there is a significant threat to your
safety and/or human rights
on return to your home country
o If you have experienced torture and trauma in your home country,
or if you
would be at risk of experiencing torture if you returned
o If you have a child from an Australian partner and it is in the
best interest of the child that it remains in Australia.
o If part of your family are Australian citizens/permanent residents.
o If you have any exceptional economic, scientific or cultural talents
that would
benefit Australia
o Your age, health and psychological state.
o The length of time you spent in Australia and how well you have
integrated into the Australian society.
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