The job of the Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT) and Administrative Appeals Tribunal (AAT) is to reconsider negative decisions made by the Department of Immigration - and they can reconsider all the evidence and obtain new evidence and make a fresh determination about what is the correct decision (on its merits). In other words, these Tribunals are not restricted to looking at whether the initial decision complied with the legal rules applying to how the decision is to be made. They can make a decision on the evidence which they consider correct.
You only have a limited amount of time to lodge a case in the Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT) and Administrative Appeals Tribunal (AAT) These time limits vary depending on the nature of the negative decision and where you are living. In some cases it can be as little as 2 working days from the date you are assumed by law to have received the negative decision. If you do not apply in time, you can lose your right to apply at all.
In our experience, applications are usually refused by the Department because of some complex legal or factual issue; or as a result of the failure by the migration agent to properly put forward and explain the evidence; or because the applicant is not believed.
It is very important that you get an immigration lawyer with experience in review cases. For 25 years we have helped people with their cases and have assisted with thousands of applications to the Department of Immigration and the AAT, RRT, MRT and the Federal and High Courts. Usually only about 1 in 3 people win their merits review case. In the last 12 months our immigration lawyers have assisted with a significant number of reviews cases. All of those cases have been successful.
If you have received a negative decision from the Department of Immigration we suggest you contact one of our immigration lawyers immediately – because if you delay you might lose your rights and have to leave Australia without having an independent merits review of your application.