Review Unfavourable Decision
ART Visa Appeal
How can MigrationAgents.com help?
ANQUIRE.COM WORLDWIDE, EDUCATIONAGENTS.COM, MIGRATIONAGENTS.COM and EMPLOYMENTAGENTS.COM provide immigration advice and immigration assistance to review applicant using our knowledge and experience of Australian Migration Law and prepare written submissions for the Administrative Review Tribunal (ART) formerly Administrative Appeal Tribunal (AAT).
We accompany review applicant at the Administrative Review Tribunal (ART) formerly Administrative Appeals Tribunal (AAT), explain the nature of the proceedings, the issues involved for determination and provide further information and documentation .
If the Administrative Review Tribunal (ART) formerly Administrative Appeal Tribunal (AAT) decides that the original decision was wrong, it will set the decision aside or substitute a decision to grant the visa.
In relation to visa cancellations, the Administrative Review Tribunal (ART) formerly Administrative Appeal Tribunal (AAT) re-assesses whether the ground for cancellation is established and considers whether any applicable discretion to cancel the visa was exercised appropriately. The Administrative Review Tribunal (ART) formerly Administrative Appeal Tribunal (AAT) can set aside the decision to cancel, thus restoring the visa that was in force before the cancellation provided the visa would otherwise still be valid.
Administrative Appeals Tribunal
Along with the Refugee Review Tribunal, the Migration Review Tribunal was amalgamated to a division of the Administrative Appeals Tribunal on 1 July 2015.
Migration Review Tribunal (MRT)
The Migration Review Tribunal (MRT) was established and commenced operating on 1 June 1999. The Migration Review Tribunal (MRT) is an independent government body made up of members appointed by the Governor-General that are totally not related to the Department of Immigration and Citizenship (DIAC).
The Migration Act 1958 states that the Migration Review Tribunal's (MRT) function is to provide a fair review mechanism. In reviewing a decision, the Migration Review Tribunal (MRT) is not bound by technicalities, legal forms or the rules of evidence, and it must act according to substantial justice and the merits of the case. Even though the Migration Review Tribunal (MRT) is independent from the Department of Immigration and Citizenship (DIAC), the Migration Review Tribunal (MRT) is bound by the same immigration laws and regulations as the Department of Immigration and Citizenship (DIAC).
In conducting a review, the Migration Review Tribunal (MRT) will consider a case afresh and has the power to change the decision under review.
The Migration Act 1958 and the Migration Regulations 1994 specify the decisions that the Tribunal can review, who may seek review of a decision, how an application for review must be made, the time limits within which applications for review must be lodged, and the application fee payable.
