Visa Refusals, Cancellations, Review or Appeal, Immigration Decision
Despite the best intentions and efforts of the Australian immigration authorities, many a times Visas of any kind are declined if not for any reason then for having crossed the number of limited applications in any given period.
Therefore, Visa Refusals, Cancellations, and their subsequent Review or Appeal, and the final Immigration Decision, though a little harsh are all very much part of the overall immigration to Australia scenario.
MRT is the authorized body to appeal to
Not to lose heart, as there is in place the Migration Review Tribunal (MRT), which is an Australian Government’s body that is authorized to review the immigration related decisions made by the Australian Department of Immigration and Citizenship (DIAC).
MRT reviews all the immigration decisions taken by the DIAC, and particularly so the Visa Refusal and Cancellation Decisions.
Here is a comprehensive listing of kind of Visa applicants who are eligible to approach the MRT –
- Any person residing in Australia who has applied for a Visa in Australia and the same was refused by the Immigration Department
- A Person in Australia whose Visa has been Cancelled. Here, the excluding circumstances are when the Visa is cancelled automatically (for example, student visas on character grounds)
- A person in Australia whose request to have his/her Cancellation of Visa revoked has been refused
- A person sponsored or nominated another person’s Visa outside of Australia, wherein the sponsorship and nomination are the main criteria, has been refused
- A sponsor or a nominator for a Visa application made outside of Australia, wherein the sponsorship or nomination is chief criteria has been refused. The exception here are Resident Return Visas and Visitor Visas where only a Parent, Spouse, Brother or Sister of the Visa Applicant can apply for review
- A person who was offered a subclass 309 or 310 Visa overseas prior to being refused
- A subclass 100 or 110 Visa within Australia provided he/she applies for review while still being in Australia
- A person whose application for a Standard Business Sponsor, or Pre-qualified Business Sponsor has been declined
- A person whose application for renewal of their approval as a pre-qualified business sponsor has been refused
- A person who is in Immigration Detention due to a decision to refuse or cancel a Bridging Visa
- A person whose approval as a business sponsor has been Cancelled under Section 137 B of the Migration Act 1958
- An employer whose application for approval of a nominated position has been rejected
- A person whose Visa application has been refused in relation to a decision relating to lodging a security for compliance pertaining to visa conditions.
- Organizations whose application for approval as an approved professional development sponsor has been refused.
- Approved professional development sponsors who have been given a notice under sub regulation 1.20Q (2) of the Migration Regulations 1994.
- Organizations whose approval as an approved professional development sponsor has been cancelled.
However, the following situations do not come under the purview of the Migration Review Tribunal –
- A decision to cancel a Visa when the cancellation occurred while the person was outside Australia
- A decision to refuse to grant or cancel a Visa when a person is not of good character, and
- A Protection Visa Application as these come under the purview of Refugee Review Tribunal (RRT)