Merits Review
Applications to the Administrative Review Tribunal (Migration and Refugee jurisdiction) for review of visa refusal and cancellation decisions, including preparation of submissions and representation at hearing.
Reviewing an Immigration Decision
Merits review at the Administrative Review Tribunal is your opportunity to put the case fully before an independent decision maker. The Tribunal is not bound by the delegate's reasoning and can take fresh evidence, but it still applies the same legal criteria under the Migration Act and Regulations.
What Is Merits Review?
Merits review means the Tribunal stands in the shoes of the original decision maker and decides the matter again, rather than simply checking whether the original decision was made correctly on the material available at the time.
Which Decisions Can Be Reviewed?
Most visa refusal and cancellation decisions made by a delegate carry review rights. Some decisions, particularly personal decisions of the Minister, are excluded from merits review altogether.
How a Review Application Proceeds
Eligibility, Time Limits and Preparation
Review applications must be lodged within the period stated on the notification, often as short as 21 or 28 days, and missing that deadline generally means the right is lost permanently. A well prepared application identifies precisely why the original decision should be set aside, rather than simply resubmitting what was already before the delegate.
Evidence and Submissions
Written submissions should address each ground relied on in the original decision against the applicable legal criteria, supported by targeted documents and statements from the applicant and relevant witnesses.
The Hearing
Hearings are less formal than court but the legal criteria remain the same. The Tribunal member will usually ask the applicant, and often sponsors or supporting witnesses, questions directly, and preparation makes a genuine difference to how that goes.
Outcomes and Next Steps
The Tribunal may affirm, vary or set aside the original decision. If the outcome is unfavourable, a further challenge may be available in the Federal Circuit and Family Court on a question of law, or by way of ministerial intervention, and we advise honestly on whether either is realistic.
Our process
How a matter of this kind moves from first contact to outcome.
Confirm Review Rights
We check whether the decision carries review rights and the exact deadline that applies.
Lodge the Application
The review application is lodged within the statutory time limit.
Gather Evidence
We prepare statements and supporting documents addressing the reasons for the original decision.
Written Submissions
Submissions are prepared addressing each legal criterion in dispute.
Hearing Preparation and Attendance
We prepare you and any witnesses, then appear with you at the hearing.
Decision and Next Steps
We explain the outcome and any further options available.
How Shah & Co Lawyers can assist
A review is only as strong as the submissions and evidence behind it, so that is where we put the work.
Deadline Confirmation
Prompt review of your notification to confirm your review rights and time limit.
Application Preparation
Preparation and lodgement of review applications within the statutory time limit.
Written Submissions
Submissions addressing each ground of refusal or cancellation against the legal criteria.
Witness Preparation
Preparing applicants, sponsors and supporting witnesses for the hearing.
Hearing Representation
Representation at hearing, including questioning of witnesses and oral submissions.
Tribunal Liaison
Liaison with the Tribunal on listing, interpreters and procedural directions.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other immigration law services
Visa Refusals
Advice and representation following the refusal of a visa application, including assessment of merits review rights and preparation of review applications within the statutory time limits.
Learn moreVisa Cancellations
Notices of intention to consider cancellation under sections 116 and 501, responses to the Minister or delegate, and merits review of cancellation decisions.
Learn moreProtection Visas
Protection visa applications under Australia's protection obligations, including complementary protection, statements of claim and Tribunal review where required.
Learn morePartner Visas
Onshore and offshore partner visa applications, including prospective marriage visas, evidence of a genuine and continuing relationship and dealing with sponsorship issues.
Learn moreFamily Visas
Parent, child, remaining relative and other family visa applications, including queue dates, balance of family test and assurance of support.
Learn moreCitizenship Matters
Citizenship by conferral and descent applications, advice on the good character requirement and review of refusals before the Administrative Review Tribunal.
Learn moreSpeak with us before your review deadline passes.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.