Glass Lawyers has extensive experience with MRT appeals.
We will advise you of the process and costs involved. We only appeal decisions if we determine that it has a good chance of success. It is important that you contact us as soon as possible for proper advice if you feel the decision is unfair or in error. We advise that you DO NOT attempt to appeal the decision yourself. Much is involved and you risk further failure and expense.
Our principal Lawyer, Helen Glass is highly experienced in this area. It is important that you contact us as soon as possible if your application lodged with DIAC has been refused. Alternatively you may consider having your visa application handled by professionals from the beginning so as to avoid the costly and time consuming process of an appeal.
If you are aggrieved by a decision, it is always worthwhile exploring the avenues for review. We specialise in all areas of review and we look forward to your enquiries.
The more common appeals are to the Migration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal and the Federal Magistrates Court.
The Department of Immigration (DIAC) does not always make the correct decision about a visa application and for many visas an appeal can be made to the Migration Review Tribunal (MRT) The MRT is able to look at the application afresh and any new evidence in support of the application. There are however strict time limits in making an appeal and it is very important that as soon as you receive a letter advising you that your application for a visa is unsuccessful you should immediately contact us.
If your MRT appeal is successful, the application is remitted back to DIAC with directions that bind DIAC. If the appeal was in relation to a visa cancellation, the MRT can set aside the cancellation so that the visa that was held before the cancellation, is restored.
The MRT can hear appeals in relation to a wide range of visa applications, but not all. Refusals or cancellation of visas on the grounds of “character” are appealed to the Administrative Appeals Tribunal (AAT) It is very important to ensure that all relevant applicable evidence and legal argument is presented to the AAT.
If your visa application is refused or cancelled on the grounds of character you should consult us immediately. The AAT has the power to make a fresh decision, if it is decided that the original decision was wrong.
Where the MRT makes a decision that you disagree with, you should seek our advice about whether an appeal to the Federal Magistrates Court can be made. This is “Judicial Review” . The Federal Magistrates Court cannot re-examine the facts of the case but can decide if a legal error was made.
Whether a legal error was made or not is not always easy to determine from reading the decision and may involve us having to obtain a transcript of the MRT proceedings.
As complex legal issues are involved, you should only seek the advice of a professional lawyer. Be aware of the strict time limits to appeal to the Federal Magistrates Court.
There have been many cases about what constitutes “legal error” and you should consult us immediately as strict time limits apply in filing a review application.
If the Court decides in your favour the matter is returned to the MRT for a rehearing. All of our appeals to the Federal Magistrates Court have been successful.
The Commonwealth Ombudsman will investigate complaints about the way decisions were made and the conduct of officials. We have been able to have decisions “vacated” by overseas posts after complaining to the Ombudsman. This is very useful in cases where there is no provision for appeal to the MRT, for instance, where a visitor visa has been refused.
This requires a high level of expertise and our firm has both the experience and the skills nessessary in order to persist until a desired outcome is achieved.