Answer by Kert Stavorn, Belmore 2192 NSW

• The first thing to do is to check that the Migration Review Tribunal, also known as the Merits Review Tribunal (MRT) is the proper place to bring your appeal. The MRT is able to hear most appeals. However you may need to appeal to the Refugee Review Tribunal if your appeal concerns a Protection visa or the Administrative Appeals Tribunal if the decision to refuse your visa was due to issues with your character.
• Next you will need to check the time limit for your appeal. The MRT cannot accept an application that is lodged outside of this time frame. You do not need to have all the evidence at the time of submission but you must lodge your application within this period and pay the application fee. Depending on the kind of refusal from the Department of Immigration these time limits can vary from 2 working days to 70 calendar days.
• Applications for review must be in writing and in the standard format and be lodged together with a fee. At the time of writing in December 2014 the fee is AUD $1,604. This can be lodged at the MRT or by mail. This application fee will be refunded in full if your application is dismissed as invalid or a refund of AUD$802 if your application is successful.
  • If you withdraw your application it is unlikely that your fee will be refunded.
  • If you can satisfy the tribunal that payment of the fee will cause you severe financial hardship the fee may be reduced to AUD$802. You will need to fill out a Request for a Fee Reduction Form.
• Your case will now be sent to an MRT member who will review the matter and the documents presented.
• If the MRT is satisfied by the documents presented the case will be finalized at this stage. If not you may be asked to provide further statements or information to the MRT. You need to formally respond to this invitation within the allocated time period.
• Following this you are likely to be invited to a hearing. You will need to provide evidence during the hearing and you may arrange for an interpreter if you need one. You can also have other people give evidence in support of your claims if appropriate.
• After the hearing there will usually be a follow up where any additional evidence or documents must be provided as requested.
• Finally you will be provided with a written statement of the decision and the member’s reasons from the MRT. You can either collect this in person or have it posted to you.
• If your review is not successful then you are given 28 days to make arrangements and leave Australia.