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MIGRATION REVIEW TRIBUNAL M10
The Migration Review Tribunal (the Tribunal) is a statutory body that provides a final independent
merits review of visa and visa-related decisions made by the Minister for Immigration and
Citizenship (the Minister) or, in practice, by officers of the Department of Immigration and
Citizenship (the Department) acting as delegates of the Minister.
In conducting a review, the Tribunal will consider a case afresh and has the power to change the
Department’s decision.
The Migration Act and the Migration Regulations 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.
The rules about who may seek review of a particular decision, the applicable time limit, and whether
a fee is payable vary depending on the type of decision and whether a person is in immigration
detention. The Tribunal has no power to make exceptions.
Who can apply for review?
The decision letter sent by the Department should explain whether the decision can be reviewed by
the Tribunal and who can apply for review.
The Tribunal can only accept an application for review made by a person who has the right to apply
for review. In some cases the only person who can apply is the visa applicant or former visa holder,
in other cases it can only be the sponsor or a close relative.
Time limits for making your application for review
The decision letter sent by the Department should state the time limit that applies to making an
application to the Tribunal.
If you are intending to apply to the Tribunal, you should note that the Tribunal cannot extend time
limits or accept applications made outside a time limit. You should therefore lodge your application
without delay. If you are lodging an application by post, you should ensure that you allow enough
time for the application to be received before the expiry of the time limit.
How to apply
To apply for review, you must complete and lodge an ‘Application for Review’ form and pay the
application fee (or lodge an application for fee waiver) within the time limit. See below for
information about the application fee.
Applicants in immigration detention must use Form M2. All other applicants must use Form M1. The
forms are available from any of the offices listed at the end of this form and are also available on the
Tribunal website.
Applications can be lodged in person or by post or fax. Details of the Tribunal’s registries, as well as
the registries of the Administrative Appeals Tribunal where Migration Review Tribunal applications
are accepted, are set out at the end of this form.
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If you are in immigration detention, you may also lodge your application by giving it to a
Departmental officer at a detention centre or at an office occupied by an officer of the Department at
an airport, at least one working day before the date the time limit would otherwise expire.
M10 July 2009
Combined applications for review
Members of the same family unit can usually combine their applications for review. An application
for review of a decision to require a security can also be combined with a related application for
review of a decision to refuse to grant a visa. Where applications are able to be combined, only one
application fee is payable and only one application form needs to be used.
The application fee
An application fee of $1400 is payable in all cases, other than an application for review of a bridging
visa decision (including any related decision to require a security) that is made by a person in
immigration detention.
Payment of the fee may be waived if the Registrar or an authorised Tribunal officer is satisfied that
payment of the fee has caused, or is likely to cause, severe financial hardship. An ‘Application for
Fee Waiver’ (Form M11) is available from any of the offices listed and from the Tribunal website.
Supporting documentary evidence is required for all fee waiver applications.
The Tribunal will refund the application fee if the Tribunal makes a favourable decision on your case.
If you withdraw your application, the Tribunal can only refund your application fee in limited
circumstances.
Should you seek assistance with your application?
It is a matter for you whether you seek advice or assistance in relation to your case. The Tribunal
aims to ensure that the outcome of reviews does not depend on whether or not a person has a
migration agent or other person to assist them.
The provision of ‘immigration assistance’ is regulated under the Migration Act. The only people who
can provide ‘immigration assistance’ (using knowledge or experience in migration procedure to assist
in preparing, advising or representing a visa applicant, a sponsor or nominator, or a cancellation
review applicant) are:
• a registered migration agent;
• your spouse, child, parent, brother or sister;
• a nominator or sponsor if you are a visa applicant;
• parliamentarians;
• a member of a diplomatic mission, consular post or office of an international organisation; and
• an official (as defined in Part 3 of the Migration Act) in the course of his or her duties.
The factsheet ‘MR2: Immigration Assistance’ provides further information. It is available from any
of the offices listed on this fact sheet, and on the Tribunal website.
How does the Tribunal work?
The Tribunal is required to provide a review which is fair, just, economical, informal and quick. The
general features of a review are:
• The Minister and the Department are not represented before the Tribunal. The Department is
required to provide the Tribunal with all documents which are relevant to the case.
• You are entitled to have access to, or a copy of, the material before the Tribunal in relation to
your case (although some restrictions may apply).
• You can make written submissions or provide documentary evidence to the Tribunal at any
stage of the review. If you fax documents to the Tribunal, including Tribunal forms, it is not
necessary to send the original documents to the Tribunal by mail.
• You may nominate a person (your representative) to represent you in the preparation and
running of your application before the Tribunal. A representative can provide written
M10 July 2009
submissions and documentary evidence and contact the Tribunal on your behalf. A
representative may also accompany and assist you at any meeting or hearing arranged by the
Tribunal. The Tribunal may invite a representative to comment on matters at a hearing, but a
representative cannot make an oral presentation other than in exceptional circumstances.
• You may nominate a person (your authorised recipient) to receive correspondence on your
behalf. Most applicants who have a representative nominate their representative as their
authorised recipient. If you nominate an authorised recipient, all correspondence will be sent to
that person and will be taken to have been sent to you. (Where a person is in immigration
detention, a copy is also sent to the person at the detention centre.)
• The Tribunal is required to inform you of certain information that might lead to an adverse
decision and to give you an opportunity to comment on or respond to that information.
• If the Tribunal invites you to provide further information or to comment on or respond to
information within a time period, you must do so or you risk losing your right to a hearing.
• Except in specific circumstances, the Tribunal is required to invite you to come to a hearing.
You may request the Tribunal to take evidence from other persons, and you may be
accompanied by your representative and/or a friend or support person. The Tribunal will
provide an interpreter if required.
What will happen during the review?
The review process varies from case to case. A typical case may follow these steps:
• The Tribunal will send you an acknowledgement letter to confirm that the application has been
received. The Tribunal will also inform the Department of your application, and request the
Department to provide the Tribunal with all relevant documents about your case.
• The case is allocated to a Tribunal Member.
• The Member reviews the documents which are held by the Tribunal.
• The Tribunal invites you to attend a hearing, and/or to provide further information or to
comment or respond to information.
• When the Tribunal makes a decision, it will send you and the Department a written statement of
decision and reasons.
As each case is different, it is difficult to say how long it will take for the Tribunal to make a decision
on your case. The average time from application to decision is around 37 weeks. The Tribunal gives
priority to cases involving persons in immigration detention and to cases which raise special
circumstances.
It is important to note that the Tribunal is required to hold hearings which are open to the public, and
to publish decisions in cases of particular interest. Hearings can only be held in private and
publication can only be restricted if the Tribunal is satisfied that this would be in the public interest.
Do you need further information?
For further information, please contact the Tribunal (see over for contact details). Tribunal officers
can give you information about making an application for review and about the Tribunal’s
procedures, but they cannot give you advice about the chances of success in a particular case.
Applicants located outside the Sydney or Melbourne metropolitan areas can telephone the Tribunal’s
National Telephone Enquiry Number on 1300 361 969. Local call charges apply. The number is not
available from mobile telephones.
The Translating and Interpreting Service (TIS) can provide assistance if you require an interpreter.
TIS can be contacted on 131 450 from anywhere in Australia.
The Tribunal website is at www.mrt-rrt.gov.au.
M10 July 2009
Registries of the Migration Review Tribunal
An application for review can be lodged at any of the locations listed on this page. All locations are
open on weekdays from 9am to 4.30pm local time.
The NSW Registry normally handles cases from applicants who reside in New South Wales,
Queensland, the Australian Capital Territory and the Northern Territory. The Victoria Registry
normally handles cases from applicants in Victoria, South Australia, Western Australia and Tasmania.
However, applications can be lodged at any location and the Tribunal conducts hearings in a range of
locations including Sydney, Melbourne, Brisbane, Adelaide and Perth.
New South Wales Registry
Level 11, 83 Clarence Street
Sydney NSW 2000
GPO Box 1333
Sydney NSW 2001
Phone (02) 9276 5000
Fax (02) 9276 5599
Victoria Registry
Level 12, 460 Lonsdale Street
Melbourne VIC 3000
PO Box 14158
Melbourne VIC 8001
Phone (03) 8600 5900
Fax (03) 8600 5801
Registries of the Administrative Appeals Tribunal
The Migration Review Tribunal has an agreement with the Administrative Appeals Tribunal (the
AAT) which provides that applications to the Migration Review Tribunal can be lodged at the
following registries of the AAT.
Queensland
Level 4, 119 North Quay Brisbane
QLD 4000
South Australia
11th Floor, 91 Grenfell Street
Adelaide SA 5000
Western Australia
Level 5, 111 St Georges Terrace
Perth WA 6000
Phone (08) 9327 7200 (metropolitan
area) 1300 366 700 (country areas)
Fax (08) 9327 7299 |
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发表于 8-9-2009 17:17:38
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发表于 8-9-2009 17:45:03
