Applying for Review of a Visa Refusal at the Tribunal

If the Department of Immigration refuses your application for a visa based on your protection claims, you may be able to apply for a review of the decision by making an application to the Refugee Review Tribunal (RRT).

Note that from 1 July 2015, the RRT will become the Migration and Refugee division of the Administrative Appeals Tribunal (AAT). (People who have already applied to the RRT for review and have not received a decision before 1 July 2015 will not need to submit a new application. All undecided reviews will be automatically transferred to and decided by the new AAT.)

The RRT (and after 1 July 2015, the AAT) can reconsider an application for protection that has been refused by the Department of Immigration. If the Tribunal decides that an applicant is a refugee or a person owed complementary protection in Australia, it will send the application back to the Department with a direction that the applicant is entitled to protection.

This does not mean that an applicant who receives a positive decision from the Tribunal will automatically be granted a visa. Other criteria must also be satisfied.

If your protection application has been refused by the Department, you only have a limited amount of time in which to apply to the RRT (shortly the AAT) for review. The Tribunal cannot extend the application period even if you have a strong case. If you are unsuccessful with your initial visa application, you should consult an experienced immigration lawyer immediately.

While the Federal Circuit Court, the Federal Court and ultimately the High Court of Australia­­ can review the legality of the decision-making process, an application to the Tribunal is your last chance to have an independent body decide your claims for a protection visa on their merits. The potential impact of a negative Tribunal decision is therefore enormous. We strongly recommend that you speak to a lawyer with experience in refugee cases for advice about an application to the RRT (shortly the AAT) and the best way to run your case in the Tribunal.

Craddock Murray Neumann Lawyers has practised in immigration and refugee law for over 25 years. We have helped thousands of people with their applications for protection in Australia, including with applications to the RRT (shortly the AAT).  We continue to assist hundreds of people with their review cases and appear at Tribunal hearings at least twice a week. According to the RRT’s statistics, only about 1 in 5 people win their case at the RRT. It is therefore very important that you have the assistance of an experienced immigration lawyer with your application to the Tribunal.

Our lawyers are regularly commended by the RRT (shortly the AAT) about the quality of our submissions to the Tribunal. In April 2015, a Tribunal Member said: ‘Please pass my thanks to the author of the submissions. They were very detailed and some parts are immensely helpful – please pass on my thanks and gratitude.’ In a different matter in April 2015, the Tribunal Member said that our submissions were the best submissions that he had ever received amongst any IAAAS provider.  The Tribunal Member said the submissions were very helpful and thanked Craddock Murray Neumann Lawyers.

If you are seeking assistance in the Tribunal, schedule a consultation with one of our highly experienced lawyers today.

If your application for a Temporary Protection visa is subject to the Fast Track Assessment Process

If the Department of Immigration has refused your application for a Temporary Protection visa (TPV) and your application was processed under the Fast Track Assessment Process, you will not be able to apply to the RRT (shortly the AAT) for a review of the decision.

Instead, the Department may directly refer your case to a new review body, the Immigration Assessment Authority (IAA). You cannot apply to the IAA yourself.

The IAA will conduct a limited review of your case based on the information already before the Department at that time of its decision. You will only be able to provide new information or be invited to an interview by the IAA in exceptional cases.

Some cases will not be referred to the IAA at all. If the Department decides not to refer your case for review to the IAA, you may still be able to seek a review of that decision in court if there has been an error of law in the Department’s decision.

If your TPV application was subject to the Fast Track Assessment Process and has been refused, our experienced Solicitors and Migration Agents can advise you if your application has been referred to the IAA, or on whether the Department has made an error of law in its decision on your application. Please contact us to speak with one of our experienced immigration lawyers and Migration Agents.

This page provides a summary of immigration law as at June 2015. Australian immigration law is complex and it changes regularly. We therefore recommend that you contact us if you are considering applying for a review of a visa refusal, and to speak with one of our Solicitors and Registered Migration Agents.

Let us help you. Phone: +61 2 8268 4000 or Book a conference