# Have you won your appeal with the MRT? Share your experience...



## SonicBlue82 (Feb 5, 2013)

Hi everyone,

Just looking to hear from some people who have been successful in their appeal with the MRT.

How long did you wait from when the MRT decision to when Immigrations made contact? Did you get a different case officer than the original case officer? What updated documents did they request (ie. new visa medical, new police clearance certificates, etc...). How long did it take to get your visa granted?

I was recently notified that the MRT has approved my previously refused nomination for an RSMS 187 visa. The visa application was in turn refused on the basis that the nomination had been refused. Since the MRT has approved the nomination, my visa application has been remitted to Immigrations for processing.

Just trying to get an idea of how long it will take!


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## Jeremy Hooper (Jul 10, 2014)

The MRT would have remitted the nomination to DIBP after finding that the specific that nomination met the specific criteria that the initial case officer had refused the visa on. The MRT does not have the power to refuse or grant the nomination. So the MRT has NOT approved the nomination as they don't have the power to do that.

What happens after the MRT remits your case back to DIBP. It does not necessarily go back to the same case officer. When the nomination was initially refused as not meeting a specific regulation, the actual processing of the nomination may not have been completed. When it goes back to DIBP they will continue processing the application until it is finalised. So there is always a chance they will find another reason for refusing the it. However, in 14 years of practice I have never had a case where that happened.

Once the nomination has been formally approved by DIBP then will start to process your visa application. This is a separate case. This is where they assess whether you are a suitable person for the position. They will confirm your skill level, work experience etc. to make sure that you are the right person for the position. How long that will take will depend on their work load.


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## SonicBlue82 (Feb 5, 2013)

Thanks for your reply Jeremy.

I think you're confused between the decision to "remit" an application and to "set aside" a decision by the MRT.

If the MRT decides favourably, probably the more common decision is to remit the application back to DIBP. This is where they send the application back for processing with the directive that they cannot refuse the application for the original reason. When the MRT "sets aside" a decision, they are actually overturning the refusal and substituting the decision for an approval. The MRT does not have the power to grant VISAS, but they do have the power to approve a nomination if they feel that all of the criteria is met.

In my situation, I have the notice of decision and reasons from the MRT for both the nomination and the visa application. It clearly states the nomination is approved. The visa application has been remitted back to DIBP for processing so that's where I'm at... Just waiting for a case officer to make contact and presumably request an updated visa medical and new police clearance certificates...

An excerpt from the MRT's website:

"If the Tribunal sets aside the decision under review, it has decided that the decision should be changed. The Tribunal may replace (substitute) the decision with a new decision."

Found here: MRT-RRT - Decisions


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## Jeremy Hooper (Jul 10, 2014)

Thanks for the feedback. I stand corrected.

Regards


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## SonicBlue82 (Feb 5, 2013)

The decision record for the nomination states:

"The tribunal sets aside the decision under review and substitutes a decision approving the nomination"

And the decision record for the visa application states:

"The tribunal remits the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration , with the direction that the applicant meets the following criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa: cl.187.233 of Schedule 2 to the Regulations"


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