MRT- Review

Migration Review Tribunal – MRT - merits review

Immigration decision review - A decision to refuse a visa, especially if due to an unsatisfactory application, may be reviewable by
the Migration Review Tribunal - MRT.

This agency provides excellent services to selected review applicants in Migration Review Tribunal – MRT review of migration decisions in limited visa classes.

The Tribunal reviews decisions to refuse visa applications or to cancel visas in relation to different kinds of visas alongside related decisions such as the refusal of a sponsored partner visa or employer sponsorships and the associated temporary business visa application.

Any person, other than an Australian citizen/permanent resident, who wishes to travel to, and remain lawfully in, Australia, must have a visa granted by Department of Immigration, Multicultural and Indigenous Affairs - DIMIA.

Migration law (Regulation) and the Department of Immigration, Multicultural and Indigenous Affairs - DIMIA policy are very complex and constantly changing. Requirements can vary from country to country.

Many visa applications result in refusal for a variety of reasons.

Reasons for refusal may be because:

Applicants or family members do not meet visa criteria;

A sponsor does not meet certain criterion or other requirements

Health or character issues;

Bogus documentation and untrue information; or

An unsatisfactory application, that is, the application does not satisfy the decision maker - a delegate of the Minister for Immigration.

Visa refusal is frequently due to an unsatisfactory application.

An example is the Partner Visa - A partner visa is granted to a spouse, prospective spouse (fiancé), de facto partner (common law spouse) or same sex partner of an Australian citizen or permanent resident.

A refusal of such a visa would typically occur when there were doubts about the genuineness of the relationship. Unfortunately, many applicants and sponsors for this category are not genuine in their intentions. thus raising the level of doubt.

Some eligible and genuine applicants may be unable to satisfy the decision maker due to:

Applicants’ lack of knowledge;

Assistance provided by inexperienced advisors;

Inadequately evidenced applications;

Errors and omissions;

Misunderstanding requirements;

Outdated information or forms;

Mistaken assumptions that Australian Migration Law is flexible;

Assistance provided by unregistered (and untrained) persons;

Special requirements - for example, for applicants from high-risk category countries.

Selection of MRT cases handled by this agency (Mrs.L.Barber)
The original visa applications (refused) were not prepared by this agency.
All applicants were successful in review.

Special Needs Relative Visa (predecessor of, Carer Visa) Refused by DIMA in Melbourne Decided after a hearing by Presiding Member: Alan Gregory 29 April 2002Remitted to DIMA
Visa Granted

Spouse Visa - Refused by DIMIA in Cambodia Decided on the papers ( I.E. no hearing required)by Presiding Member: Danica Buljan 23 May 2003 Remitted to DIMIA
Visa Granted

Spouse Visa application Refused by DIMIA, Melbourne Decided after a hearing before Presiding Member: Danica Buljan 23 October 2003 Remitted to DIMIA
Visa Granted

A decision to refuse a visa, especially if due to an unsatisfactory application, may be reviewable by the Migration Review Tribunal -MRT.

The rules about who may seek to review a particular decision, the applicable time limit and whether a fee is payable varies depending on the type of case

Decision-making powers of the Migration Review Tribunal – MRT

Migration Review Tribunal – MRT. After reviewing the merits of the case, either affirm or set aside a decision under review. If the decision is set aside, the Tribunal can substitute another decision, or remit the matter to DIMIA to be reconsidered subject to any directions made by the Tribunal.

The Migration Review Tribunal, - MRT reviews (looks again) each the merits of each case in light of the relevant facts, law and government policy and may substitute a fresh decision, being the correct and preferable decision, in place of the primary decision.

If the visa applicant is not in Australia, the sponsor may apply to the Migration Review Tribunal - MRT for a merits review. The sponsor then becomes the Tribunal applicant.

WARNING: There are specific time limits for application for review by Migration Review Tribunal - MRT

Representation
Migration Review Tribunal, - MRT, review applicants are entitled to be represented, when applying for Tribunal. The applicant is entitled to be accompanied by an assistant when appearing before the Tribunal.

Experienced registered migration agents use their knowledge or experience in migration procedure to assist in preparing, advising or representing a visa applicant, a sponsor for MRT for merits review.

Your agent will also access application documents on file with DIMIA. The agent will accompany the review applicant when appearing before the Tribunal.

The principal objective of merits review is to ensure that the administrative decision reached in a case is the correct and preferable decision.

Please contact this agency, for MRT assistance, only if you have a genuine case.

Migration Agent - Quality Australian immigration / migration services

MARN:9906149