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Migration Review Tribunal

Migration Review Tribunal Australia

The Migration Review Tribunal (MRT) is an autonomous review body that reviews decisions made by the Department of Immigration and Citizenship (DIAC), especially visa refusal and cancellation decisions. If your visa application has been rejected and you wish to appeal against the decision, the MRT provides an opportunity to have that negative decision reviewed and, potentially, reversed.

Who can apply for review at the Migration Review Tribunal?

You can apply for application review at the MRT if:

  • You applied for a visa in Australia but it was visa was not granted by the Department
  • your visa was cancelled (unless it is cancelled automatically, e.g. some student visas, or because of character grounds)
  • your application to have the cancellation of their visa revoked has been refused
  • A person who sponsored or nominated another person’s visa application, made outside Australia, where sponsorship or nomination is a criterion for the visa and the visa has been refused
  • A sponsor or nominator for a visa application made outside Australia where that sponsorship or nomination was a criterion of the visa except for Resident Return visas and Visitor visas where only a parent, spouse, child, brother or sister of the visa applicant may apply for review
  • you were granted a subclass 309 or 310 visa overseas prior to being refused
  • a subclass 100 or 110 visa within Australia and is in Australia at the time of lodging the review application
  • your application for approval as a standard business sponsor or a pre-qualified business sponsor has been rejected
  • your application for renewal of their approval as a pre-qualified business sponsor has been refused
  • you are in immigration detention due to a decision to refuse or cancel a Bridging visa
  • A person whose approval as a business sponsor has been cancelled under section 137B of the Migration Act 1958
  • You are an employer whose application for approval of a nominated position has been rejected
  • The visa application in relation to a decision relating to lodging a security for compliance with visa conditions
  • Organisations whose application for approval as an approved professional development sponsor has been refused
  • you are an approved professional development sponsors who have been given a notice under sub regulation 1.20Q (2) of the Migration Regulations 1994
  • Organisations whose approval as an approved professional development sponsor has been cancelled.

 

What MRT can’t review?

  • A decision to cancel a visa if the cancellation occurred when the visa holder was outside Australia
  • A decision to refuse to grant or to cancel a visa on the grounds that a person is not of good character, or
  • A Protection visa application these are reviewed by the Refugee Review Tribunal (RRT).

 

How Can Visas Simply Help?

Our MRT review service offers a comprehensive package of benefits designed to present your case in the best possible way to the MRT including:

  • A thorough review of your case and the reason(s) for the refusal or cancellation
  • Review of your existing supporting documents and suggestions for improvement where necessary
  • Assistance with preparation of witness statements and other supporting documents
  • Review of previous MRT and Federal Court cases that may support your visa application
  • Creation of a thorough written submission for your MRT review along with all forms required by the MRT
  • Lodgement of your case with the MRT and handling all communications from the MRT regarding your case