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Immigration Daily News Confirmation That There Is Nothing to Fear But Fear Itself - High Success Rates at the MRT!!Australian Immigration Daily News
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Confirmation That There Is Nothing to Fear But Fear Itself - High Success Rates at the MRT!!
Yesterday's post by Christopher Levingston which reported that a lecturer at a training course for Registered Migration Agents had informed course participants that the Migration Review Tribunal is "scary" and should therefore be avoided prompted me to do a survey of the most recent decisions of the MRT that are posted on the Austlii Website for the month of February 2015 (the decisions handed down in March 2015 have not been posted to the Austlii site yet).
While the February cases are of course just a "snapshot" of outcomes in the MRT, I am pleased to be able to report that the success rate in the Tribunal during that month was actually higher than the general 30% success rate that Chris had indicated was typical. My review indicated that there were 112 MRT decisions reported on Austlii for February 2015, and of that number a total of 53 appeals were successful! In percentage terms, there were positive outcomes in about 47% of the cases adjudicated during the month!
It is worthy of note that the reversals of the Department's decisions occurred in a wide range of cases - visitor visas, 457 visas, student visas, working holiday visas, prospective marriage visas and partner visas, among others.
These results should give both RMAs and visa applicants confidence that when the merits are on their side, incorrect decisions by the Department can be overturned in the MRT.
So again, as Franklin Roosevelt so famously stated in his first inaugural speech, when it comes to taking appeals to the MRT, there really is nothing to fear but fear itself!!! The MRT exists to provide oversight of the Department's decision-making processes. In circumstances where the evidence supports the visa application, and the appeal is prepared with care and consideration, there is every prospect of a good outcome.
RMAs and their clients should therefore have confidence that the review process before the MRT can be effective, and should not hesitate to challenge poor decisions by Departmental officers when the circumstances warrant! Do not lose faith!!
This article was prepared by Michael Arch, Concordia Pacific Migration Lawyers, MARN 1386469, Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Tel: (02) 8068 8837, Web: concordialaw.com.au
Comments
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Tuesday, 31 March 2015Just so happens that the lecturer used to work at The Department.
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Tuesday, 31 March 2015'Work' at the department is not defined.
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Tuesday, 31 March 2015
Work at the Department is overrated.
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Tuesday, 31 March 2015
OK...sorry Westly, 'the lecturer used to attend upon the premises of the Department'
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Tuesday, 31 March 2015
Thank you MA for this post. I just looked at Chris's paper and am opening his Annexures now. I think RMAs need to know that their position does not need to be 100% correct. Perfection is not demanded by the tribunal members--only a straightforward well written explanation from the client's point of view of why he/she should prevail.
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Friday, 13 November 2020
is it possible to get visa back of student dependent visa after domestic violence case ? my brother visa was cancelled and he was found guilty in simple charges but most of the cases were dropped.
Immigration blog
Thanks Michael! absolutely right on this - there is NOTHING to fear by taking cases to the MRT/RRT - even when cases need to be taken through it to access other processes (and rightly so). Researcing cases, looking at the MRT/RRT precis and talking to colleagues is tbe best way to loose that 'initial' apprehension one migh have (as there is with everything we do that is new and challenging). Merits Review gives an opportunity to right the wrongs of bad DIBP decisions or decisions which the Department could not grant at the time of application, for whatever reason. Plenty of RMAs within the MA network who are more than happy to support RMAs taking cases to the MRT, if needs be.