MRT/RRT Review or Appeal

Department of Immigration & Citizenship (DIAC) may refuse or cancel a visa application if you do not meet the prescribed criteria for the grant of the visa. However there may have been situations when DIAC refuses or cancels a visa and you meet the prescribed criteria for the grant of the visa. This is called “error of law”. See australianvisaspecialist.com.au/visa-refusal-or-cancellation for more information.

Migration or Refugee Review Tribunal overview

When visa is refused or cancelled onshore (in some cases offshore as well), you get a review rights.  Cancellation or refusal letter will advise whether there are review options available or not to you and where review application can be made for example, Migration Review Tribunal (MRT) or Refugee Review Tribunal (RRT). There are very strict guidelines in terms of timeframe for making a review application. Generally review application must be made to the tribunal within 21 calendar days if in Australia or 70 calendar days if outside Australia after you have taken to receive the letter.  You have taken to receive the letter after seven working days (if notified by post) and person is in Australia or 21 days after posting if the person is overseas.

MRT will look at the “merits” of the case. In conducting a review, the tribunal will consider a case afresh and has the power to change the decision under 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 for review is the visa applicant or former visa holder, in other cases it can only be the sponsor or a close relative. In some cases the review applicant must be within Australia at the time of decision or at the time the application for review is lodged, or both.

A fee is payable in all cases except applications for review of bridging visa decisions that are made by persons in immigration detention. The tribunal application fee is $1540 and will refund $770 if tribunal makes favorable decision on your case.

Section 20 Notice

The Migration Act provides that the student’s visa is automatically cancelled at the end of the twenty-eighth day after the specified date of the notice unless, before the end of 28 days, the student does one of the following two things set out in s137J(2), such as:

1)      complies with the s20 notice (see below)

2)      while attending in person at an immigration office makes himself or herself available to an officer for the purpose of making any submissions about the breach and the circumstances that led to the breach.

Education providers issue s20 notice certifying that student has breached relevant visa condition generally 8202. If notice is sent to wrong address (which has happened on the past) or there were circumstances beyond your control such as sickness or you can prove it otherwise that alleged breached had not occurred,  MRT can set aside DIAC decision (automatic student visa cancellation). If address on the notice is incorrect, the notice is deemed to be invalid as you would have never got section 20 notice.

If you need any help or advice, you can speak to our registered migration agent in Sydney. We are one of the best immigration agents in Sydney who deal with student visa refusals and cancellations and can provide you with expert advice.