Review, Appeals and Complaints
Review pathways
Understand which decisions are reviewable and by whom. The Administrative Review Tribunal (ART) replaced the AAT for most migration merits review; some decisions remain non-reviewable (notably many s 501 decisions, though limited review may apply). Know the time limits for applying for review, which are strict and vary by decision type, and the consequences of missing them.
Merits review principles
Merits review involves a fresh decision on the material before the reviewer, who may exercise all the powers of the original decision-maker. The reviewer is not bound by the original decision but must afford procedural fairness and consider new evidence where permitted.
Complaints and other avenues
Know the role of the Office of the Migration Agents Registration Authority (OMARA) in complaints about agents, the Commonwealth Ombudsman, and judicial review in the Federal Circuit and Family Court on jurisdictional error grounds.
Traps in questions
- Confusing merits review (fresh decision) with judicial review (legality only).
- Assuming all refusals are reviewable.
- Missing the strict review application deadline.
- Believing the Ombudsman can change a visa decision - it cannot.
Rule of thumb
Ask: 'Is it reviewable, by whom, and by when?' A worked example: a refusal of a subclass 820 visa is generally reviewable by the ART within the prescribed period; a s 501 character refusal is generally not merits-reviewable. Diarise the deadline immediately on receipt of the decision.