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Migration Review Tribunal - MRT merits review
Migration Review Tribunal - MRT merits review Migration decision review - A decision to refuse a visa, especially if due to an unsatisfactory application, may be reviewable by the Migration Review Tribunal - MRT.
Migration Review Tribunal (MRT) provide a final merits review of decisions made in relation to visas to enter or to remain in Australia.
Migration Review Tribunal (MRT) reviews decisions made in respect of general visas (e.g. visitor visa, student visa, partner visa, family visa, business visa, skilled visa)
The Tribunals' procedures are designed to provide a review process which is fair, informal and relatively quickly dealt with.
Most visa applicants use registered migration agents or migration law specialists to prepare review applications and to attend the hearing/s for the cases.
Preparing the applications requires understanding of immigration law. Most visa applications refusals are because of poor or flawed applications or where the applicants received advice from non-qualified people.
To apply for MRT review use a registered migration agent or migration law specialist.
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.
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, and Citizenship - DIAC.Migration law (Regulation) and the Department of Immigration, DIAC policy are very complex and constantly changing. Requirements can vary from country to country.
Very capable applicants, unaware of the complexities (and pitfalls) and extra requirements, frequently make fatal and expensive errors in visa applications
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 (fiance), 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
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. 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 DIAC 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.
There are specific time limits for application for review by Migration Review Tribunal - MRT
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 DIAC. 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.
The material on this page is contributed by a registered migration agent on October 30 2009. The material is intended as general information on migration, visas and does not constitute advice. Immigration regulations are subject to frequent change. The above information is insufficient to base an application upon and will not necessarily apply to all visa applicants or all circumstances. No responsibility is accepted by the author or the owners of this website for accuracy.
For advice it is strongly recommended that visa applicants engage an Australian registered migration agent identifiable by a MARN number.
migrationagent. net. Au - Find a Migration Agent - Immigration services.