| Migration Review Tribunal | | | | never, in fact, been received by the internet service |
| Has your visa application been refused or your visa | | | | provider of the person whose visa application had |
| cancelled? | | | | been refused. By establishing this fact, the |
| The Migration Review Tribunal (MRT) is a person’s | | | | Department of Immigration and Citizenship accepted |
| last opportunity to have a visa refusal or cancellation | | | | that the visa applicant had never been notified of the |
| reviewed “on the merits”. That is, the Migration | | | | refusal of his visa application and therefore the time |
| Review Tribunal is the last place where you can bring | | | | limit for lodging the appeal had never started. As a |
| new evidence to support your case or application | | | | result, we lodged his appeal in the Migration Review |
| which was not before, or considered by, the original | | | | Tribunal and the matter is still under consideration. |
| decision maker when your visa application was | | | | Procedure leading to Cancellation |
| refused or your visa cancelled. | | | | If your student visa has been cancelled you need to |
| The Federal Magistrates Court or Federal Court are | | | | act quickly or risk missing your final opportunity in the |
| not able to consider fresh evidence and can only | | | | Migration Review Tribunal to have your visa |
| consider whether your case was legally and/or fairly | | | | re-instated therefore allowing you to remain in |
| considered by the Migration Review Tribunal. It is, | | | | Australia, continue studying and, ultimately, apply for |
| therefore, important to obtain proper legal advice | | | | permanent residence. It is necessary to respond |
| before going to the Migration Review Tribunal and not | | | | immediately to any Notice of Cancellation, Notice of |
| waiting until after the Tribunal’s decision. Getting | | | | Intention to Consider Cancellation or Section 20 Notice |
| legal advice at this crucial stage will ensure that if an | | | | you receive from the Department of Immigration and |
| appeal against the Migration Review Tribunal’s | | | | Citizenship. It is just as important to respond |
| decision is lodged in the Federal Magistrates Court, the | | | | immediately to any Notice of Intention to Report you |
| hearing at the Migration Review tribunal will have been | | | | might receive from your registered education provider. |
| conducted strategically to maximise the chances of a | | | | Good immigration lawyers will then consider whether it |
| successful appeal to the Federal Magistrate’s | | | | was a proper notice according to the legislative |
| Court. | | | | requirement and whether you were properly treated |
| Time limits for appealing to the Migration Review | | | | throughout the cancellation process. These are |
| Tribunal | | | | complex questions of law which require proper, |
| In addition to the Migration Review Tribunal being the | | | | professional legal advice and may be the keys to |
| last opportunity to have your case reviewed on the | | | | getting your visa back and ultimately achieving your |
| merits with new evidence, there are very strict time | | | | goal of Australian permanent residence and citizenship. |
| limits that govern when you can apply to the Tribunal | | | | Bridging Visa Extensions and Immigration Status |
| and these time limits vary according to the different | | | | It is important to realise that if you are on a Bridging |
| types of decisions which you want the Migration | | | | Visa A, as a result of a visa application, that bridging |
| Review Tribunal to review. | | | | visa can only be continued, after a visa refusal, if you |
| Just because a friend had 21 days to appeal the | | | | apply to the Migration Review Tribunal within the time |
| decision, doesn’t mean that you will have 21 days | | | | limit provided. If you do not appeal to the Migration |
| to appeal against your decision. It is, therefore, | | | | Review Tribunal then your Bridging Visa will expire and |
| important that you obtain legal advice as soon as you | | | | you will need to depart Australia or become unlawful |
| receive notification of your refusal decision or visa | | | | and face detention and removal from Australia. |
| cancellation from the Department of Immigration and | | | | Australia’s Immigration Laws are extremely |
| Citizenship and not wait until the last few days that | | | | complex and it is essential that, if you have a visa |
| you believe you have before you have to lodge your | | | | cancelled or application refused, you seek competent |
| appeal against the refusal decision or visa | | | | legal advice as soon as possible, within days, of being |
| cancellation. You may be wrong with your | | | | advised of the decision. |
| calculations and if you miss your date there is nothing | | | | Your rights to remain in Australia and make further |
| that can be done to extend your time to appeal to the | | | | applications for visas and residence depend on the |
| MRT. | | | | quality of advice you receive and the action you take. |
| The only way that the apparent time limits set by the | | | | If you face visa cancellation, have had a visa |
| MRT can be challenged is by arguing that the proper | | | | application refused or seeking immigration legal advice |
| procedure for notification of the refusal or visa | | | | above and beyond what your migration agent has |
| cancelation was not followed. In a recent case we | | | | given you, then contact Ray Turner or Stewart |
| were only able to challenge time by showing that the | | | | Coulson of Turner Coulson Immigration Lawyers |
| e-mail notifying the decision, although it had been sent | | | | now on au or call +61 02 9264 4654 and ask for |
| by the Department of Immigration and Citizenship, had | | | | Ray or Stewart. |