Administrative Appeals Tribunal (AAT) & Ministerial Intervention

AAT and Ministerial Intervention

On 1st July 2015 the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were merged with the AAT. Therefore MRT, RRT are now AAT.

The AAT can only review a decision if an Act, Regulation or other Legislative Instruments states that state that the decision can be reviewed by the AAT

The AAT reviews a decision "on the merits". This means that AAT will take a fresh look at the facts, law and policy relating to the decision and arrive at their own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.

Ministerial Intervention - What Do We Do? Representation at MI

The Minister has powers under the Migration Act 1958 to replace a decision of a merits review tribunal on a person's case with a decision that is more favourable to that person if the Minister thinks it is in the public interest to do so.

When the Minister intervenes to make a more favourable decision, this usually means that the Minister grants a visa. However, only a small number of all requests for ministerial intervention are successful.

In fact, Ministerial Intervention is considered as the safest system in Australian Migration Law that enables Ministers for Immigration and Citizenship to make decisions in favour of visa applicants only when other aspects of the appeal are exhausted, either through Courts or Tribunals. The procedure is complex and requires thorough preparation.

How to Apply for Ministerial Intervention?

The key to an application through Ministerial Intervention is the process of preparing your documents for submission to the Minister.

We would work with you through the process of preparing a complete package focusing on compelling details of your situation along with public interest related arguments stating why you should be granted a visa to Australia.

We would take charge to research all previous legal procedures similar to your case to establish whether or not it would be prudent to include the researched information as references to support your case.

Visa Status

People applying for Ministerial Intervention are eligible to apply for Bridging e Visa. Under this category, it is possible to have right to work if it is possible to establish dire need to work.

As a part of the process, XL Migration & Education would work with the applicant to prepare the Bridging Visa application and the complete submission package.

For more details, on Ministerial Intervention and Bridging Visa Application, get in touch with our experts.

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