Migration Review Tribunal (MRT)

The Department of Immigration and Border Protection (DIBP) does not always make the correct decision about a visa application and for many visas an appeal can be made to the Migration Review Tribunal (MRT). This is called ‘merits review’.  The MRT is able to look at the application again, including any new information or evidence in support of the application.

There are a number of reasons to recommend a review of a visa refusal by the MRT. The MRT is an independent body and separate to the DIBP.  The MRT employs an inquisitorial method of deciding applications where the tribunal member is able to take an active role in determining whether a decision to refuse a visa was correctly made. The MRT is not bound by formal rules of evidence or legal technicalities and importantly, it acts according to substantial justice and the merits of the case.

Powers of the MRT

If the MRT decides that a decision to refuse a visa was incorrect, it has the power to set the decision aside and to grant the visa application. This is relatively rare, however, and in most cases where a decision to refuse a visa was found to be incorrect the MRT will simply set aside the decision and ‘remit’ the decision back to the DIBP for reconsideration.

In making a decision with respect to the visa application the Department must take into account the directions of the MRT.

Types of decisions which are reviewable by the MRT

Decisions reviewable by the MRT include:

• If a visa application (other than an application for a protection visa) has been refused;
• The cancellation of a visa where the visa holder was in Australia;
• Refusal to revoke the cancellation of a visa if the person is in Australia;
• A determination on the points test for skilled migration visas, business sponsorships and nominations; and
• A determination on security bonds for bridging visas.

Time Limits

There are strict time limits for making applications to the MRT. The time limit will depend on the decision which is being challenged but for all decisions these time limits are relatively short. An application to the MRT can only be lodged beyond the time limit in very limited circumstances and failure to apply within the time limit may mean that the MRT will lose jurisdiction to review your case. Examples of common time limits for application to the MRT are:

• 2 days: for review of a decision to refuse a bridging visa or cancel a bridging visa or to review a decision about a security bond; and
• 7 days: for review of a decision to refuse a visa or cancel a visa or for a decision not to revoke a student visa.

The Process

After an application is lodged, the first stage of the process is that a member of the MRT will examine the documents to assess whether the Department has made an apparent mistake in refusing to grant the visa. You may be invited to provide written submissions to support your case. If there is no apparent mistake or reason for why the refusal should be overturned the member will seek further information from you or initiate any research that is deemed relevant. If there is nothing to suggest the refusal was incorrectly made the member will then move to have a hearing where the applicant will appear to give evidence and is able to tender any further written information or call witnesses. Following the hearing the member will make a decision on the application.

Legal Representation

Only a registered migration agent can represent you at the MRT. There are a number of reasons why professional assistance can increase your prospects of success. Your agent can assist with the presentation of your case and prepare written submission to support your case. 

The experienced team of immigration lawyers at Nevett Ford are all registered migration agents and specialize in migration regulations and policy.

If you have any queries in relation to the above, please do not hesitate to contact us directly.