Migration Review Tribunal / Refugee Review Tribunal Administrative Affairs Tribunal (MRT/RRT/AAT)
MRT appeal is open to visa applicants who receive a refusal notice from the Department.
Most visa application refusals and cancellations can be appealed to the MRT/RRT.
Undertaking review at the MRT or RRT is a ‘second chance’ and should be handled by an experienced registered migration professional (MARA Registered Migration agent or Lawyer).
There are strict time of appeal constraints (usually 7, 21, 28 or 72 days) so it is essential that you are aware of time of application so as to not miss time to lodge appeal.
Contact Us to request advice, assistance or representation in preparation of MRT/RRT appeals.
Successful MRT Appeals
Mr Chen was refused temporary skilled visa subclass 457 visa as chef on grounds that he did not satisfy essential criteria for the grant of visa. The DIBP case officer refused to grant visa arguing that there was a number of skilled chefs in his area of employment and that the sponsor could employ a locally resident citizen or permanent resident to fill the role. On appeal, the MRT remitted the decision back to the Department for reconsideration (successful outcome) as it was argued successfully that he possessed particular knowledge of cuisine and cooking techniques essential for the style of dishes offered at the restaurant. It was further argued that his skills were essential to the survival of the business and that any locally sourced chefs could not demonstrate knowledge of the unique style of cooking for which that restaurant built its business. The survival of the business was at stake if the applicant was not permitted to remain with a 457 visa.
Full case supplied on request.