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Decisions

Decisions

When the Tribunal makes a decision on a review, with the exception of some oral decisions, a written statement of decision and reasons is prepared and provided to the applicant and the Department of Immigration and Border Protection.

In some cases, the Tribunal member may announce the decision at the end of the hearing. The Tribunal member may decide to send the applicant written reasons for the oral decision, in which case the applicant will be sent the reasons within 14 days after the hearing. Alternatively, the Tribunal member may announce the decision and make an oral statement of the reasons for the decision at the hearing.  If this occurs, the applicant is entitled to make a written request within 14 days of the hearing for the Tribunal to provide them with a written version of the decision and reasons which were stated at the hearing. However, in most cases a decision will not be made at the end of the hearing and when the Tribunal makes a decision, it will send the applicant and the department a written statement of decision and reasons.

If the Tribunal affirms the decision under review, it has decided that the decision under review should not be changed. The effect of this is that the decision remains in force.

If the Tribunal sets aside the decision under review, it has decided that the decision should be changed. The Tribunal may replace (substitute) the decision with a new decision.

If the Tribunal remits the decision under review, it has decided that the decision should be reconsidered. The effect of this is that the department is required to reconsider the application having regard to any directions made by the Tribunal.

If the Tribunal decides that it has no jurisdiction to review the decision, the tribunal has decided that it has no power to review the delegate’s decision.

After the department receives advice of a Tribunal decision on a review, the department will act to give effect to the decision. If the decision is in relation to a person in Australia who is not an Australian citizen or permanent resident, that person’s immigration status may change following the Tribunal’s decision.

If you have a question about your immigration status, or if you are in Australia and not an Australian citizen or permanent resident and your contact details have changed since you last communicated with the department, you should contact the department on 131 881.
 

Publication of decisions

The tribunals are required to publish decisions that are considered to be of 'particular interest'. Publishing decisions provides transparency and accountability, and allows interested persons to see how cases and issues are dealt with by the tribunals.

Decisions are published on the Australasian Legal Information Institute (AustLII) website: 

MRT decisions are typically published in full. RRT decisions are required to be edited so as to not identify the applicant or family members. For both MRT and RRT decisions, the Tribunal can determine that it is not in the public interest to publish certain information or a decision.

The tribunals published more than 4.600 decisions in 2013-14. The number of decisions published each year depends on the number of decisions which are assessed as being of particular interest.
 

Removing a published decision

If the publication of a decision causes concern to a person with a close interest or involvement in the decision, a request for deletion of portions of the decision or its withdrawal from AustLII may be made to Publications.Team@mrt-rrt.gov.au.

A published decision may be edited or removed if it is determined that that is in the public interest to do so.