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These FAQs are arranged by topic. Click on the links below to see FAQs for that topic.
Lodgement and processing
Time Standards
Access to documents
Correspondence
The hearing
Decision and refunds
Lodgement and processing
Q. Can an application for review be lodged without attaching a copy of the Department’s decision record?
A. Yes, an application for review can be made without a copy of the Department’s decision record. However, you should provide a copy of the Department’s decision record with an application or as soon as possible after lodging an application. The decision record assists the Tribunal to commence processing an application.
Q. Do I need to submit information to the Tribunal that I have already provided to the Department?
A. On lodgement of an application for review, the Tribunal will request the Department to provide the Tribunal with a copy of all documents which they consider to be relevant to the review. You should provide the Tribunal with any further documents or written arguments you wish the Tribunal to consider in relation to your client’s application.
Q. Can I give the Tribunal copies of documents?
A. Where possible, documents given to the Tribunal should be originals. Certified copies of originals are also accepted.
Q. Can I give the Tribunal documents that are not in English?
A. Any document that is not in English should be given to the Tribunal in its original form and accompanied by an English translation produced by an accredited translator.
Q. When can I lodge submissions?
A. Written submissions can be provided to the Tribunal at any time prior to the Tribunal’s decision and they will be considered by the Tribunal Member. Submissions that are large or complex in nature should, where possible, be provided well in advance of any hearing to enable the Tribunal Member to conduct a meaningful hearing, if a hearing is required.
Q. Why am I receiving correspondence for an applicant when I have ceased to act on their behalf?
A. If the applicant has given written notice to the Tribunal that you are authorised to receive documents in connection with the review on the applicant’s behalf, you are regarded as the applicant’s “authorised recipient”. The Tribunal is obliged to continue to give review-related documents to you until such time as the applicant confirms a change of authorised recipient or withdraws the notice of authorised recipient. If you are no longer acting for an applicant and you are continuing to receive correspondence, you should contact the applicant immediately and ask them to inform the Tribunal of any new arrangement. Form MR5 should be used to appoint a new representative and/or a new authorised recipient. Form MR6 should be used to change address or contact details or to cancel an authorised recipient..
Q. Can my client travel overseas during the review?
A. From the Tribunal’s perspective, there is no restriction on a review applicant’s travel during a review. However you should liaise with a Registry case officer before any travel arrangements are made in order to establish whether or not a hearing or decision is imminent. You should contact the Department on 131 881 if you have any questions in relation to your client’s authority to travel or re-enter Australia. In some circumstances departure from Australia may impact on an applicant’s ability to satisfy the criteria for the grant of a visa. The Tribunal cannot give advice or information about this. Other contact information is listed on the Department’s website at www.immi.gov.au.
Time Standards
Q. How long will it take the Tribunal to process my client’s application?
A. The Tribunals have time standards for dealing with applications for review. The time standards are set out in the Principal Member Direction on Caseload and Constitution and are as follows:
Bridging visa (detention) cases – 7 working days from lodgement to decision
Protection visa cases – 90 calendar days from receipt of the Department’s documents to decision.
MRT visa cancellation cases – 150 calendar days from lodgement to decision (and 90 calendar days from constitution to decision)
All other MRT cases – 350 calendar days from lodgement to decision (and 150 calendar days from constitution to decision).
The Tribunals aim to decide at least 70% of cases within the above time standards however some cases may take longer.
Q. How can a case be prioritised?
A. The types of cases which are given priority for constitution are listed in the Principal Member Direction Caseload and Constitution and include: all protection visa cases; cases involving persons being held in immigration detention; all child, orphan relative and adoption visa cases; and cases involving vulnerable persons. A case can also be given priority because of special circumstances. It is Tribunal policy that all priority cases are to be actioned for constitution as soon as possible but no later than 21 calendar days from the date on which the case was allocated priority status.
A request for expedited processing should be made in writing and should include the reasons for the request. If you make a request for priority, your request will be considered carefully and you will be advised in writing whether or not priority is granted.
Access to documents
Q. How do I obtain copies of documents held by the Tribunal?
A. Under section 362A of the Migration Act 1958, a Migration Review Tribunal applicant, or their assistant, may request access to written materials given or produced to the Tribunal in connection with the review, subject to certain statutory restrictions, including the requirements of the Privacy Act 1988. This may be done at any time until the Tribunal makes its decision and form M16 can be used for this purpose.
Under the Freedom of Information Act 1982, you can request access to documents held by the Migration Review Tribunal and the Refugee Review Tribunal. Tribunal form MR3 can be used for this purpose.
In either case, you can arrange to inspect documents at the Tribunals’ office or you can ask for a copy of the documents to be posted to you.
As a matter of policy, the Tribunals provide copies of recordings of hearings on request.
Correspondence
Q. How should I send correspondence to the Tribunal?
A. The Tribunal prefers that you send correspondence by fax. Where it is not possible to send documents by fax, a document or other item can be given to the Tribunal:
- by posting it to the Tribunal;
- by leaving it with a person employed at the Tribunal authorised to receive such documents; or
- by giving it to a Member of the Tribunal in the course of a hearing.
Q. How will the Tribunal send correspondence to me?
A. The Tribunal will send correspondence to you by fax whenever possible. Where it is not possible to send correspondence by fax the Tribunal will generally use ordinary mail, although correspondence may also be sent by email. Any statutory letter (such as a letter inviting comment on or response to adverse information or a decision notification letter) that is sent by post, will be sent by registered post to addresses in Australia. Registered post is also used for the return of any original documents.
Q. Will the review applicant receive a copy of Tribunal correspondence sent to me?
A. As a general rule, the Tribunal will not send copies of correspondence to the review applicant if you (or another person) have been appointed as authorised recipient. There are only two circumstances where the Tribunal will send a copy of correspondence to a review applicant as well as sending the correspondence to the review applicant’s authorised recipient. The first is where the review applicant is in immigration detention. The second is where a review applicant has nominated a person as his or her authorised recipient and that person’s registration as a migration agent has been suspended or cancelled.
Q. Can I ask for an extension of time to respond to Tribunal correspondence?
A. Only a Member can grant an extension of time in relation to a statutory invitation given to a review applicant. A request for an extension of time should be made in writing, before the due date specified in the letter. The Tribunal Member will carefully consider any such request for an extension of time.
The hearing
Q. Is there a hearing in every review?
A. The Tribunal is obliged to invite a review applicant to a hearing. However, there are 3 circumstances where the Tribunal may make a decision without inviting an applicant to attend a hearing. They are:
- If the review can be decided in the review applicant’s favour on the basis of the material before the Tribunal.
- If the review applicant fails to comply within the prescribed time with a request to provide information or to comment on, or respond to, adverse information.
- If the review applicant consents to the Tribunal deciding the review without the review applicant appearing before it.
Information about Tribunal hearings is contained in information leaflets M18 (MRT) and R18 (RRT).
Q. Will my client’s hearing be held in private?
A. The Tribunal must hold a hearing for an applicant to the Refugee Review Tribunal in private. Hearings for applicants to the Migration Review Tribunal are generally open to the public however the Tribunal may direct that oral evidence be given in private if it is in the public interest to do so, or if it is impracticable to take particular oral evidence in public.
Q. Do all applicants have to come to the hearing?
A. All review applicants included in a review application will be invited to a hearing if a hearing is required. Each review applicant must decide whether or not they wish to appear before the Tribunal to give evidence in support of the application and present arguments in relation to the issues arising in relation to the review. The extent to which the Tribunal Member may need to ask questions of each review applicant who chooses to attend the hearing, will depend on the circumstances of the case.
A copy of the MRT and RRT daily hearing schedule is available on the Tribunals’ website. A link to the schedule is available here: http://www.mrt-rrt.gov.au/Tribunal/HearingSchedule/InternetHearingSchedule.pdf
The Tribunal’s hearing invitation letter will include a form in which you should specify who will be attending the hearing. The forms can also be viewed here: M19 (MRT) and R19 (RRT).
Q. How long will a hearing take?
A. A hearing will generally take around 1-2 hours however it can be shorter or longer. The length of a hearing does not give an indication of the outcome of the review. A hearing may be adjourned to a later time, either on the same day or on another day if the Member considers it necessary to do so.
Q. How do I address a Tribunal Member?
A. It is customary to refer to a Tribunal Member as ‘Member’. However a Member may also be addressed by name (e.g. ‘Mr/Mrs/Ms Smith’).
Q. Will I be able to participate in the hearing?
A. The legislative provisions relating to representation differ between the Migration Review Tribunal and the Refugee Review Tribunal but generally speaking the Migration Act 1958 gives only a limited role to a representative at a hearing.
Q. My client and/or I can’t come to the hearing. Can the hearing be changed to another time?
A. Any decision to reschedule or postpone a hearing is made at the Member’s discretion and a request to reschedule or postpone a hearing should be submitted to the Tribunal in writing at the earliest possible time. The Member will carefully consider any such request and you will be notified of the Member’s decision in writing. If the review applicant is not able to attend the hearing due to illness or injury, a medical certificate should be provided confirming inability to attend. If you cannot attend a hearing but your client can, and the Member decides not to postpone the hearing, you may ask the Tribunal for an audio recording of the proceedings.
Q. How many witnesses can the review applicant bring to the hearing?
A. The review applicant is entitled to ask the Tribunal to obtain oral evidence from other persons and he or she can bring any proposed witnesses to a hearing. However, it is ultimately a matter for the Member to decide whether or not to take evidence from any witness. The ‘Response to Hearing Invitation’ form should be used to make a request to the Member. The hearing invitation letter will include this form. Copies can be viewed here: M19 (MRT) and R19 (RRT).
In most cases, if the review applicant wishes a friend or relative to be present during the hearing, the Member will permit that person to remain in the hearing room if they are not going to give evidence.
Q. Can I confer with my client during the hearing?
A. It is up to the Member to decide whether or not a hearing can be adjourned for a short break. In most cases, the Member will adjourn a hearing for a short break after 90 minutes to 2 hours. A Member may permit a short break to enable you to confer with your client and the Member may leave the hearing room for this purpose. If your client needs a break for any other reason during the hearing, they should ask the Member.
Q. What if my client does not understand the interpreter?
A. If your client does not understand the interpreter, it is very important that he or she draw this to the attention of the Member as soon as possible. Information about the role of interpreters at hearings is contained in the Tribunals’ Interpreters’ Handbook.
Q. Can I have a copy of the hearing recording?
A. Review applicants are entitled to an audio recording of the hearing on CD. You can wait for the hearing attendant to make copy of the hearing recording after the hearing has concluded or it can be sent to the review applicant (or you, if you are the review applicant’s authorised recipient) by registered post.
Decisions and refunds
Q. Is a decision made at the end of the hearing?
A. In some cases an oral decision is made at the end of a hearing. If a Member decides to do this, a decision notification letter will be handed to the review applicant. The reasons for the decision (referred to as the Statement of Decision and Reasons) will be sent to you (if you are the authorised recipient) within 14 days of the hearing.
Q. What if there is no hearing or the Member decides to make a decision after the hearing?
A. When a hearing is not required, the Member will make a decision on the basis of the papers or documents available to the Tribunal (see ‘The hearing’ for circumstances when this may occur).
When a hearing is required, a decision is generally made on a later day. In most cases, the Member either allows time for further documents to be lodged or may need more time to consider the case.
Q. How does the Tribunal notify its decision?
A. Once the decision is made, a decision notification letter and the reasons for the decision (referred to as the Statement of Decision and Reasons) will be sent to you (if you are the authorised recipient) within 14 days after the day on which the decision is made. The date of the decision appears on the front page of the Statement of Decision and Reasons. The Tribunals’ preferred method of notification is by fax. (see: ‘Correspondence’).
Q. Will the Tribunal notify the Department?
A. Yes The Tribunal will send a copy of the Statement of Decision and Reasons to the Secretary of the Department. Generally, the Tribunal will do this by placing a copy of the Statement of Decision and Reasons on the Department file and returning the file to the Department. Where an applicant is in immigration detention, the Tribunal will normally also notify the Department by email. The Department is also advised of all decisions electronically.
Q. Will the decision be published?
A. The Tribunals are required to publish decisions that are considered to be of ‘particular interest’. There are Principal Member Directions which set out the types of decisions that are considered to be of ‘particular interest’ (see: Conduct of reviews). The Tribunals aim to publish a broad cross section of decisions representing up to 40% of decisions made. Decisions that are selected for publication are published on the Australasian Legal Information Institute (AustLII) website at: www.austlii.edu.au.
The requirement to publish decisions is subject to certain restrictions. The identity of the applicant and other persons cannot be disclosed when publishing RRT decisions, and a Member may decide that publication of an MRT decision is to be restricted on public interest grounds. Where a relevant restriction applies, the decision is edited so as not to contain the information which cannot be published.
The Tribunals welcome suggestions for particular types of cases to be published.
Q. Who is refund cheque made payable to?
A. Where a refund is applicable, the refund cheque is generally made payable to the review applicant, irrespective of who furnished the payment. However, there are limited circumstances where a refund is paid to a person other than the review applicant (for example if a review applicant has died, the refund would be paid to the review applicant’s estate). In most cases, the Tribunal requires written authorisation from a review applicant in order to make a refund cheque payable to another person.
Q. Where is the refund cheque sent?
A. Where a refund is applicable, the refund cheque (made payable to the review applicant) will be sent to you if you are the authorised recipient.
Q. Who do I contact if a refund cheque is due and has not been received?
A. Please allow 6 weeks for receipt of a refund cheque. After this time, enquiries may be directed to the Tribunals’ Finance Section on (02) 9276 5457.
Q. Can the application fee be refunded if the application for review is withdrawn?
A. An application for review can be withdrawn until such time a decision is made by the Tribunal. Tribunal form MR10 can be used for this purpose. If an application for review is withdrawn, there are limited circumstances in which the application fee can be refunded. The circumstances are set in regulation 4.14 of the Migration Regulations 1994.
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