APPEALING A DECISION

If the Department makes a decision which is unfavourable, it is sometimes possible to seek a review of that decision. There are a number of different bodies which can review a migration decision. The 2 main types of review are merits review and judicial review. Other types of review options include, seeking the Minister for Immigration’s personal intervention, as well as an investigation by independent organisations like the Commonwealth Ombudsman, the Human Rights and Equal Opportunity Commission, the Inspector General of Intelligence and Security, and the Privacy Commissioner.

INTERNAL REVIEW

In certain cases, even when a visa application has been refused, you may seek that the decision be vacated and revisited. This should always be the first step as there are no application fees and it is relatively the fastest.

MERITS REVIEW - ART

Merits review is an administrative reconsideration of a case. The Administrative Review Tribunal make decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretion conferred on the primary decision maker

JUDICIAL REVIEW

The Australian courts upholds the quality of administrative decisions. The lowest jurisdiction is the Federal Circuit Court of Australia, followed by the Federal Court of Australia. The High Court is the highest jurisdiction to appeal.

MINISTERIAL INTERVENTION

The Minister for Immigration may exercise his personal powers to intervene. This should always be considered as the last resort as it usually attracts a 3 year bar on most temporary visas if the applicant is unsuccessful where the bar commences on departing Australia.

OMBUDSMAN

The office of the Ombudsman investigates complaints when something has been handled badly or unfairly. This is often referred as maladminstration. Ombudsmen are independent, impartial and provide free service.

OTHER AVENUES OF APPEAL

In certain cases, it may require the appeals to the public via media outlets. In other circumstances, you may seek an investigation by independent organisations like the Commonwealth Ombudsman, the Human Rights and Equal Opportunity Commission, the Inspector General of Intelligence and Security, and the Privacy Commissioner.