What is the Migration Review Tribunal?
The Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) conduct merit reviews of visa and visa-related decisions made by the Australian Department of Immigration and Citizenship. Merits review is an administrative reconsideration of a case. A merits review body makes decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretions conferred on the primary decision maker.
MRT: Reviews a wide range of decisions in relation to visas other than protection visas
RRT: Reviews decisions in relation to protection visas.
The tribunals are usually constituted by a single member. The tribunals 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 the department for reconsideration with specific directions.
In reviewing a decision to refuse or cancel a visa, the tribunals are required to conduct a merits review that is ‘independent, fair, just, economical, informal and quick’. It will aim to make the correct decision in individual cases, and to influence decision-making through quality and consistency of its decisions.
The tribunal generally aims to return its review decision within 90 days.
We have lawyers available who can assist you with a migration review tribunal application.
