The MRT is an independent body which reviews decisions made in respect of migration visas including visas for business, family reunion, students, skilled visas, partner visas, visitors, and decisions refuse sponsorship or refuse a nominated position or business activity.
You must lodge your appeal within 28 days of being refused your primary visa application by the Department of Immigration.
You can apply for review to the MRT in the following circumstances:
- If you applied for a visa in Australia and that visa application was refused by the Department of Immigration.
- If your visa was refused as a result of an assessment of points relating to your skilled visa and you have a sponsor in Australia and your visa was placed in a queue awaiting further processing.
- If no decision was made to refuse your skilled visa but a decision was made relating to an assessment of points and you have a sponsor.
- If you are in Australia and your visa was cancelled (unless it was cancelled automatically, such as for character reasons or a student visa was cancelled because you failed to obey the conditions on your visa).
- A decision not to overturn the cancellation of a student visa that was cancelled under the automatic cancellation regulations.
- If your visa to visit a relative in Australia was refused.
- If your visa was refused that relates to financial security, for example an Assurance of Support or Bond.
- If a person’s visa application for their spouse was cancelled or refused.
- If the sponsorship or nomination was not approved.
- If a decision was made to refuse the approval of an activity performed by the business/company sponsor.
- If an application by an employer for approval of a nominated position was refused.
- If you are outside Australia and the criterion for grant of the visa is that you have a sponsor or nominator in Australia and your visa is refused.
- If a person’s application for renewal of their approval as a pre-qualified business sponsor has been refused.
- If a person is in immigration detention as a result of a decision to refuse or cancel their Bridging Visa.
- If a permanent visa was refused where the applicant was in Australia at the time of decision and was outside Australia when they applied for the visa, and that visa was a visa that could be granted while the applicant was either in or outside of Australia.
The MRT cannot review a case that falls into the following circumstances.
- A decision to refuse to grant or to cancel a visa as a result of the person found not to be of good character.
- A decision to cancel a visa where the cancellation occurred when the holder of the visa was outside Australia.
- A decision in relation to protection visas.
- A decision to cancel or refuse a visa while the person has not been immigration cleared or is in immigration clearance.
- A decision where it was decided that the application was an invalid application
- A decision made personally by the Minister for Immigration.
- A decision to impose a ‘no further stay’ condition or not to waive the condition.