In some circumstances it is possible to review an unfavorable decision in relation to a visa applicant or visa holder.

In the first instance the process is referred to as Merits Review. There are three bodies that have the power to review decisions made by officers of the department of immigration:

• Migration Review Tribunal (MRT),
• Refugee Review Tribunal (RRT),
• Administrative appeals Tribunal(AAT),

These Tribunals consider the merits of the case applying the same law as the original decision maker and consider all the facts and evidence provided with the visa application and sometimes any new supporting evidence provided during the review process.

The Jurisdiction of each of the Tribunal depends on the decision made by the department. Where available, the MRT reviews visa and sponsorship refusals, visa and sponsorship cancellations, in all matters not covered under the jurisdictions of the RRT and the AAT.

The RRT reviews decisions relating to protection visa applications lodged in Australia. While the AAT has jurisdiction on review refusals and cancellations relating to character, it also reviews cancellations of business visas decisions.

The Tribunals can, affirm the department's decisions, set aside decisions and substitute them with correct or preferable decisions.

The decisions of these Tribunals are also re-viewable by the courts but usually on errors of the application of the law rather than the merits of each case.

At CK Migration we have successfully assisted many clients in all jurisdictions and we are happy to assist you with your matter. If you have had a recent adverse decision relating to your immigration matter please Contact Us for a personalized advice.