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Appeals

The Tribunals review decisions made in respect of migration visas. A person interested in Australian immigration and who has had their visa application refused or visa cancelled by the Department of Immigration must appeal to the relevant Tribunal within 28 days of the refusal or cancellation.

A request for ministerial intervention may also be made in certain circumstances to the Minister for Immigration personally to hear your case.

If the Department of Immigration refuses your visa application or cancels your visa you may lodge an appeal to the relevant Tribunal to review the decision.

You may appeal to either the Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT) or Administrative Appeals Tribunal (AAT) within 28 days of your visa refusal or visa cancellation.

The MRT is an independent body which reviews decisions made to refuse an application for a migration visa, including visas for business, family reunion, students, skilled, partners, visitors and decisions to refuse sponsorship or a nominated position or business activity.

The RRT is an independent body which reviews decisions made to refuse an application for a refugee visa or protection visa to enter or stay in Australia.

The AAT is an independent body which reviews decisions made to refuse a visa on character grounds or visa cancellation.

If the MRT, RRT or AAT does not make a favourable decision, a further appeal may be lodged with either the Federal Magistrates Court or Federal Court, or you may make a request for Ministerial Intervention.

A request for Ministerial Intervention may also be made where the Minister for Immigration exercises his discretion to substitute a more favourable decision than the MRT, RRT or AAT which is in the public interest, provided that unique and exceptional circumstances exist.

A further appeal can be lodged to the Federal Magistrate’s Court or Federal Court.

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