It is the provision you have if your visa has been refused or canceled due to some reason. We intend to throw light on the way the MRT Appeal process works.
The Administrative Appeals Tribunal is the body that has the right to review the administrative decisions made by the Federal Government. You will be entitled to be represented by a Migration Agent. The AAT reviews the case as a non-adversarial tribunal. Visa refusal appeal Australia will help in increasing your chances of getting your case reviewed. MRT Processing Time may vary according to the case.
Appealing to the AAT within 21 days
The appeal should be made within 21 days. You will be notified accordingly as the AAT decision will be dependent on a few factors. If you do not appeal within 21 days ,you will not be allowed get the case reviewed.
Merits Review of a Decision by the AAT
The decision will be made based on the Department of Immigration. You can present new evidence to the tribunal if it is relevant to the case. You can appeal after a negative appeal AAT to the federal court. The appeal would be entertained if there is a legal error in the way the case was handled earlier.
You will earn yourself a right to hearing when you appeal to the AAT. The hearings are conducted with the AAT Member on a face-to-face basis. The AAT Member will decide on your appeal.
Outcomes of AAT Review
The AAT has the liberty to decide either in favour or against to the decision by the Department of Immigration. In case the decision is in favour, it means that the AAT agrees that the decision regarding your visa refusal or cancellation was correct.
In case the decision is against , this means that the AAT disagrees with the cancellation or refusal of your visa. If your refused visa case is remitted by the AAT, then the case will be forwarded to the Department of Immigration which will carry out the further assessment. The Department of Immigration will have a look at the remaining requirements like health and character for granting the visa.
Appeals after Failing at the AAT
If the decision is affirmed by the AAT, you can lodge a further appeal to the Federal Court or apply for Ministerial Intervention. In case there is a feeling on your part that there is a legal error in the decisions made by the AAT or you think that it applied the wrong test for evaluating your eligibility for the visa, then you may proceed with the idea of appealing again. However, you must establish clearly that the AAT has made a legal error which is quite a difficult proposition so be completely prepared to put your case in the proper light.
Appealing for the case calls for a lot of skills .You or the person representing you must have extensive knowledge about visa requirements, the relevant laws, and awareness about the processes and procedures of AAT appeals. The case needs to be put forward strongly. The applicant must be well aware of what and how he is going to do as the appeal process is quite taxing.