When a visa application has been refused, or a visa has been cancelled, the applicant or a person associated with the applicant may be entitled to apply for a review. However, it is important to note that under the Migration regulations not all applicants may be entitled to a review. Furthermore, the timeframes to apply for a review are very strict. It is essential that if a situation arises where you wish to consider or have determined to seek a review, you seek legal advice as soon as possible.
The Migration Review Tribunal (MRT) is one of several bodies with the responsibility for reviewing migration decisions. Except for protection visas which are dealt with by the Refugee Review Tribunal and character decisions which are reviewed by the Administrative Appeals Tribunal, the MRT reviews most decisions made by the Department of Immigration and Citizenship (DIAC).
If you apply for review of your visa, the MRT will consider the merits of your case and will make its own decision, disregarding the earlier decision. As a result of this, the Tribunal may require further information to be provided and in most cases will conduct a hearing in order to obtain verbal evidence from the review applicant and supporting witnesses.
Once all the material has been considered, the MRT may decide to confirm the original decision or to overturn it which usually means sending it back to DIAC for further processing.
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