How does the migration tribunal review work?

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How does the migration tribunal review work?


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Old 03-10-2010, 03:32 AM
JMC JMC is offline
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How does the migration tribunal review work?

I recieved a decision refusing my visa application today, and I've filled out a form to send in to the MTR alongside a waiver request form.

Has anyone been through this experience? What goes on in a review?


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Old 03-10-2010, 05:08 AM
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Originally Posted by JMC View Post
I recieved a decision refusing my visa application today, and I've filled out a form to send in to the MTR alongside a waiver request form.

Has anyone been through this experience? What goes on in a review?
Have never really looked into it but essentially it is a review process independent of the Immigration department though they'll obviously review Immi decisions against Immi regulations.
They cannot overturn decisions but will give recommendations re review of decisions etc.

Not something to be entered into too lightly and you need to be sure of the grounds of any appeal just as you would in any type of legal court.

I imagine you get an opportunity to put your case and Immi people will put the basisd of their decision, the tribunal not likely too interested in anything else other than whether Immigration have acted in accordance with the regulations.

Have you considered consulting an agent/immigration solicitor?
Review of Visa Decisions has a link to the MRT





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Old 03-10-2010, 05:14 AM
JMC JMC is offline
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Basically, I'm in the situation where I didn't even get an interview. The earliest medical exam I could get was 2 months off and I still have to do an exam by a cardiologist, which is another month off. I'm going to go ahead and do it, while still doing the review.

Basically, I've been shafted before everything even got in. I'm assuming that since they never got a medical exam, they just denied it. I told them about the medical exam being so far off, and they seemed fine with it.

Now, there's other paperwork that I need to submit, I'm wondering do I just keep mailing it in to my DIAC or do I hold on to them for the review?


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Old 03-10-2010, 08:55 AM
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Basically, I'm in the situation where I didn't even get an interview. The earliest medical exam I could get was 2 months off and I still have to do an exam by a cardiologist, which is another month off. I'm going to go ahead and do it, while still doing the review.

Basically, I've been shafted before everything even got in. I'm assuming that since they never got a medical exam, they just denied it. I told them about the medical exam being so far off, and they seemed fine with it.

Now, there's other paperwork that I need to submit, I'm wondering do I just keep mailing it in to my DIAC or do I hold on to them for the review?
Had you actually been requested to go and have a medical or were you deciding yourself to get it underway?

It would be very unusual for an applicant to receive a request and in finding the earliest date available was some time off, notify Immi and they ignore that.

On the other hand if there are other criteria that they have assessed you as not meeting there could be reason to reject an application before requesting medicals or there being an interview, not all applications needing the latter.

If you have been advised your application is unsuccessful, there'll not be much point in forwarding information to Immi and if it is information that should have accompanied your application, that could be another reason for refusal.





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Old 01-13-2012, 12:34 AM
JMC JMC is offline
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Had you actually been requested to go and have a medical or were you deciding yourself to get it underway?

It would be very unusual for an applicant to receive a request and in finding the earliest date available was some time off, notify Immi and they ignore that.

On the other hand if there are other criteria that they have assessed you as not meeting there could be reason to reject an application before requesting medicals or there being an interview, not all applications needing the latter.

If you have been advised your application is unsuccessful, there'll not be much point in forwarding information to Immi and if it is information that should have accompanied your application, that could be another reason for refusal.

Sorry, this is long overdue. I have no idea why they missed my letter to them regarding the wait to see a doctor.

In the time since I last posted, I applied for a MRT review and got an approval of my application in April 2010. After much waiting, I sent a letter to them in September 2011 updating my personal details and financial situations and asked if they had any idea of a timeframe. They responded with a notice to interview in December 2011.

I went to the interview and I kept that lady's poor hand ridiculously busy as she took notes regarding out discussion. Our interview flew by considering it took about 2.5 hours. She then interviewed my wife then my BIL. That took all of 15 minutes.

I just got back a letter stating that my interview was favorable and showed all the signs of being a genuine relationship and that they were satisfied that our situation fit all the criteria required to satisfy the terms of my prospective spousal visa.

So I guess at this point, my application goes back to the dept of immigration to re-consider my app, and I'm wondering how much weight does the MRT carry with their decisions? Is there more jumping through hoops usually after this?

The other thing I'm wondering is since I've been here and married for more than three years and my application is more than two years old, am I exempt from having to go to a propsective spousal visa and can get a spousal visa outright?


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