Immigration Downunder NSW : Appeals

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Appeals

APPEALS

· Review of Migration Decisions

It is sometimes possible for an applicant or visa holder to appeal an unfavourable decision made by the Department of Immigration and Multicultural Affairs.

This process of lodging an appeal is more generally known as applying for “review of a decision”.

There are various bodies who conduct reviews of migration decisions. Following is information on the two main areas of review, merits review and judicial review.

Merits Review – the review body reconsiders the merits of the case by looking at all the facts and applying the correct law before making its own decision. Further evidence can be presented or requested during the review process. The bodies which conduct merits reviews of migration decisions are:-
· “Migration Review Tribunal” (MRT),
· “Refugee Review Tribunal” (RRT),
· “Administrative Appeals Tribunal” (AAT).

Judicial Review – if merits review of a decision is not available or does not result in the original decision being set aside, it is sometimes possible to apply to the Federal Court of Australia or the High Court of Australia for judicial review of the decision. The courts have one function in these cases, and that is to consider whether the law was applied correctly when the original decision was made.

TIME LIMITS

There are very strict time limits which are applicable to lodgment of applications for review. With extremely limited exceptions, these time limits cannot be extended.

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Last modified on Sunday, 31 August 2003