What Does a Visa Refusal mean to you?
This means that a case officer (DIAC) has decided not to grant the application you have applied for with the Department of Immigration. Once a decision is made, the applicant with refused visa application will be given notice about visa refusal decision in writing. The decision maker cannot revisit the visa refusal decision, even if they have made a mistake. The only way you can get a visa refusal decision reviewed is by making an application for review of the visa refusal decision to the Migration Review Tribunal or the Refugee Review Tribunal. Sometimes, you may not have a right to make any application for review. For example a visitor visa application by someone overseas without any sponsor in Australia, if met with a visa refusal, does not usually have any right of appeal.
Most review applications following a visa refusal are dealt with by the MRT or the RRT.
Strict time limits apply to lodge a valid application for review. If you miss the deadline, it is often fatal – you have lost your right of review forever.
An application for review is lodged with the Tribunal registry within the period specified. After lodgement of a valid application you may be entitled to a bridging visa allowing you to remain in Australia until the application for review of the visa refusal decision is finalised, but the rules relating to bridging visas are often misinterpreted by inexperienced visa applicants.
Applications for review of a decision to the MRT or the RRT attract a fee upon lodgement of the application with the relevant tribunal.
A schedule of fees and charges applicable to applications lodged at the MRT and RRT is published regularly.
Half of the fees paid to the Tribunal will typically be refunded if your application for review against the visa refusal is successful at the MRT.
If you use an Immigration Lawyer or Registered Australian Migration Agent, additional fees are payable to Immigration Lawyers and Agents. The amount of the fee will depend on level of skill of the Immigration Law Specialist, complexity of the applications, and the urgency of the application.
The Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) application forms contain detailed information about applying for a review, including lodging an application for review, fees, using a representative; and the time limits.
MRT Application Fee: $1540