If the Department of Immigration and Border Protection (DIBP) has not given a favourable decision, you may be eligible to apply for a review of the decision at the Migration Review Tribunal (MRT) within the allowable time frame.
Not all decisions made by DIBP can be re-examined by merits review tribunals. Generally, where there is a right to a merits review, DIBP will inform the person affected by the decision and also advise them who can apply for the review.
If DIBP makes a decision that is unfavourable (to a visa applicant, a visa holder, a sponsor, a nominator or similar), it is sometimes possible to seek a review of that decision.
The Migration Review Tribunal (MRT), the Refugee Review Tribunal (RRT) and the Administrative Appeals Tribunal (AAT) have the power to conduct merits reviews of some decisions made by DIBP officers. In a merits review, a review body considers afresh the claims of an applicant and any additional information put forward during the review process. The review body must determine if the correct or preferable decision was made. Importantly, review bodies are generally bound by the same rules as the primary decision-maker, and act in accordance with the applicable law. MRTs have the power to affirm the primary decision, vary the primary decision, set aside the primary decision and substitute a new decision, or remit (return) a matter to DIBP for reconsideration.
Not necessarily you need to seek advice from only from Immigration Lawyer in Melbourne, our Visa Consultant or Immigration Consultant Specialist can assist you to set a side the decision
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