Organization : Australian Government Migration Review Tribunal
Type of Facility : Apply For Review
Country: Australia
Website : http://www.mrt-rrt.gov.au/Applying-for-a-review.aspx
Apply For Review:
Eligibility:
The Migration Act 1958 (Cth) and the Migration Regulations specify which decisions the tribunals can review, who may seek review of a decision, how an application for review must be made, the time limits within which applications for review must be lodged, and whether an application fee is payable. The rules vary depending on the type of matter.
Related : Department of Immigration and Border Protection Apply For Visitors Visa Australia : www.statusin.org/23438.html
The tribunals cannot accept an application for review lodged outside the relevant time limit or which has been lodged by a person who is not entitled to apply for review. Depending on the decision under review, the person applying for review must be the visa applicant, the former visa holder, the sponsor or a close relative.
Using a representative:
You can deal with the tribunals directly or you can appoint someone to represent you and act on your behalf in relation to your application. If you choose to appoint a person to represent you, this person is known as your representative.
If you appoint a representative, that person can:
** Communicate with the relevant tribunal on your behalf
** Forward written submissions and written evidence to the Tribunal
** Request access to documents in relation to your application
** Accompany you to a Tribunal hearing.
With limited exceptions (such as if given by a close family member, a visa nominator or sponsor, a parliamentarian or a public servant in the course of their duties) immigration assistance can only be given by a registered migration agent.
Under the Migration Act 1958 (Cth) a person provides ‘immigration assistance’ if that person uses their knowledge or experience in migration procedure to provide advice to or represent an applicant before the Tribunal.
By law, all persons acting as migration agents in Australia must be registered with the Office of the Migration Agents Registration Authority (Office of the MARA).
More information about immigration assistance and registered migration agents is contained in Tribunal document ‘MR2: Immigration assistance’. This document can be downloaded from the ‘Forms and guides’ page, or you can pick up a copy from one of our registries.
Application fee:
An application fee of AUD$1604 is payable in all cases except when applying for review of a bridging visa decision (including any related decision to require a security bond) that resulted in a person being placed in immigration detention.
Refunds for a favourable decision or invalid application:
The Tribunal will refund AUD$802 if a favourable decision is made on your case. If the Tribunal decides that your application is invalid, you will be refunded the entire fee paid. For further information about refunds please refer to FAQs – Decision and refunds
Withdrawing your application:
If you withdraw your application, the Tribunal can only refund your application fee in very limited circumstances.
Fee reduction:
The fee may be reduced to AUD$802 (or AUD$802 will be refunded if the full fee has been paid) if the Registrar or an authorised Tribunal officer is satisfied that payment of the fee has caused, or is likely to cause, severe financial hardship to the review applicant.
You can download ‘Form M11 Request for Fee Reduction’ from the Forms page. Or alternatively you can collect a form from any Tribunal registry. Supporting documentary evidence is required for all fee reduction applications.
Where a fee is payable either the AUD$1604 application fee must be paid in full or AUD$802 of the application fee must be paid and a fee reduction application lodged with the Tribunal before the deadline for lodging the application for review.
Applicants in immigration detention:
No fee is payable for an application for review of a bridging visa decision (including any related decision to require a security bond) that resulted in a person being placed in immigration detention. A fee of AUD$1604 is payable for an application for review of any other decision.
Applications to the Refugee Review Tribunal :
There is no fee payable when an application for review is lodged with the Refugee Review Tribunal. However, if the application for review is not successful, a fee of $1604 will be payable. If a fee is payable you will be advised after the Tribunal decides your case.
How to make a payment:
Payment can be made by cheque, money order, EFTPOS or credit card (Visa or MasterCard only). Cheques should be crossed and made payable to the relevant review tribunal i.e. ‘Migration Review Tribunal’ or ‘Refugee Review Tribunal’.
Please note:
Payment is not considered to have been made if a cheque is dishonoured or a credit card payment is not approved.