Thursday, 27 February 2014

Review of Visa Decisions

If you are not satisfied with a visa decision you receive, you may be able to ask for the decision to be reviewed.

Not all decisions are 'reviewable decisions', but the department's decision-maker will advise you in writing if the decision is reviewable, and what steps you can take if you want to ask for a review.
  • Most visa decisions with a right of review are reviewable by the Migration Review Tribunal (MRT).
  • Decisions about deportation and citizenship are reviewable by the Administrative Appeals Tribunal (AAT).
  • Decisions on onshore protection visa applications are reviewable by the Refugee Review Tribunal (RRT).
Business-related sponsorships and nominations for temporary business entry visas, and employer nominations for permanent entry, are reviewable by the MRT.

Visitor visa applicants intending to visit Australian citizen/resident relatives may have a review right – again a decision-maker will advise of what review rights are available.

Cancellation of subclass 200 (refugee) visas, where the holder is in Australia at the time of cancellation, may also be reviewable by the MRT.

Offshore humanitarian applicants do not have a review right, but applicants for onshore protection visas (using form 866) do have a right of review by the RRT.

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