Applying to have your visa decision reviewed by the Australian Migration Review Tribunal (MRT)?

If you have had a visa application refused and wish to have your case reviewed by the Migration Review Tribunal (MRT) there are changes that you need to be aware of.

Increase in Fees

As of 1 July 2013 the fee payable when lodging an application with the MRT will increase to $1,604 from $1,540. This increase will apply to you if your application is received by the MRT on or after 1 July 2013. You should also note that applications sent via the post prior to 1 July  but received after that date will be subject to the increased fee. When a decision is made in your favour, 50% of the MRT application fee will be refunded.

Fee Reduction

On 1 July 2013 the discounted fee, which is payable in cases of financial hardship, will also increase from $770 to $802. You will only be eligible for the reduced fee if the Registrar of the tribunal or another authorised tribunal officer is satisfied that payment of the MRT application fee has caused, or is likely to cause, severe financial hardship.

Prescribed Periods

The key features of the changes that will come into effect on 1 July 2013 are:

• The two working day period for all invitations has been retained for MRT applicants in detention seeking review of a bridging visa decision, but the provision shortening or lengthening this time depending upon when the seven day review period is to end has been removed.
• The prescribed period for the majority of invitations for non-detainees is now 14 calendar days for MRT. This means for some cases an increase in the period and for others, a decrease.
• With the exception of invitations to attend an interview, all prescribed periods may be reduced to not less than one working day with the written consent of the applicant.
• The requirement for an applicant in immigration detention to give notice to DIAC that he or she has lodged a review application has been removed.

Lodgement Methods

There are a number of requirements relating to the lodgement of an application to MRT that have been removed. The chances apply in relation to primary decisions made on or after 1 July 2013, these are;

• The regulation specifying the minimum content for a valid MRT review application (name, address, standing claim, decision details etc.).
• The provision allowing for detainees to give the application to an Immigration officer one day prior to the expiry of the lodgement period. Instead, the Principal Member may now specify a person who can receive applications.

If you have any queries or need assistance with appealing your visa application through the MRT, feel free to contact our Migration Team.