# After winning the Migration Review Tribunal



## realist07 (Feb 1, 2010)

i cannot find proper answer to this question,

what happens if a person won the Migration Review Tribunal and remit the application again consulate

what consulate makes after this?

because i see a lot of people winning in MRT but we dont know what happens next?


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## Wanderer (Jun 16, 2007)

realist07 said:


> i cannot find proper answer to this question,
> 
> what happens if a person won the Migration Review Tribunal and remit the application again consulate
> 
> ...


The MRT decisions are not so much on whether a case has been won or lost but the tribunals decision in finding a review by the Minister may be in oreder.

Whilst a visa application is made via a consulate/embassy, it is just the location where the Immigration department has their officers and the Minister will then review cases and advise the department accordingly.
Conduct of reviews - Migration Review Tribunal and Refugee Review Tribunal has information in regard to the MRT operation.
I do not know what the numbers of people submitting applications to MRT is nor where you see a lot of results but for people who have had a case before the MRT, I'd expect they would get some advice from the Tribunal and Immigration department.


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## trishher (Mar 3, 2010)

realist07 said:


> i cannot find proper answer to this question,
> 
> what happens if a person won the Migration Review Tribunal and remit the application again consulate
> 
> ...


my husband and my MRt is this wednesday there are some people who have gone through to the next  simoutina
is one of them goodluck with everything


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## realist07 (Feb 1, 2010)

2008 Migration Review Tribunal of Australia Decisions

you have to go one by one, and then find spouse visas..there are a lot of types of visas..

immigration lawyer e-mail.

If DIAC's original decision is overturned by the MRT it goes back to DIAC. DIAC then have to continue 'processing' the application. If DIAC find no further issues with the application eg in relation to health or police checks, and all other criteria are met they will then finalise the application and grant the visa.

It addresses the missused concept of :
"marriage of convenience"
inherent bias by the case officer
cultural bias
need to interpret all Australian legislation in the context of multicultural social values
the excercise of discretionarry power within the principles of administarive laws of natural justice
assesment for genuine relationship
bias in inyerviewing technique
etc etc.

It is an easy to follow arguments in simple langauge that any self help clients can use to mount their appeal to MRT.


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## omozina69 (Nov 29, 2010)

HIi my decision was remitted back to DIAC in May a week later my husband heard from DIAC had to remit police clearances as they needed renewing on the first week of august he had an email saying application was succesful and he had been granted his visa, it doesnt take too long after its been remitted back to DIAC that you will hear from them it would of been sooner for my husband but as i stated we had to redo the police clearances, DIAC have to remake there decision again taking in exactly what MRT have stated if MRT have stated they see no reason why you should not be granted a visa DIAC have to make there desion based on that its always a good outcome , my husband arrived here in perth on august 23rd , it was all worth while MRT where very good. all the best to all


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## summerburns (Apr 2, 2013)

omozina69 said:


> HIi my decision was remitted back to DIAC in May a week later my husband heard from DIAC had to remit police clearances as they needed renewing on the first week of august he had an email saying application was succesful and he had been granted his visa, it doesnt take too long after its been remitted back to DIAC that you will hear from them it would of been sooner for my husband but as i stated we had to redo the police clearances, DIAC have to remake there decision again taking in exactly what MRT have stated if MRT have stated they see no reason why you should not be granted a visa DIAC have to make there desion based on that its always a good outcome , my husband arrived here in perth on august 23rd , it was all worth while MRT where very good. all the best to all


I just got refused of my Partner visa application. And I will pay a lawyer for MRT review. Do you pay any lawyer or MRT doesn't really care about you have a lawyer or not. Lawyer will help??


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## chicken999 (May 2, 2013)

summerburns said:


> I just got refused of my Partner visa application. And I will pay a lawyer for MRT review. Do you pay any lawyer or MRT doesn't really care about you have a lawyer or not. Lawyer will help??


We got refused in march last year lodged appeal in April. Also running a concurrent second 300 visa application to see which comes first as mrt hearings are 2 years wait. If u can afford a lawyer get one. I'm Paying 15k for visa and mrt including the 2 visa fees but when I saw his 19 page submission letter to diac with our second visa application I knew he was worth every cent. We just had our interview requirement waived and case officers says she is "satisfied with our relationship" which I hope is good. And so we wait again....happy to share my knowledge on what we have done if it helps u  good luck


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## CollegeGirl (Nov 10, 2012)

If you look at his other posts, Summerburns' visa was refused solely because he didn't provide any supporting evidence at all for his application. MRT would honestly be the worst idea ever for him. He says someone at the embassy told him it was okay to submit without the additional documentation and provide it all later. But DIAC says all over their documentation that you have to provide almost everything when you submit, and that they will make a decision based on the information you provide. He provided no information other than forms, so they made a decision. The MRT will only look at what was provided to the case officer to see if she made the right decision. When they see she had nothing, it'll be the easiest case they've ever thrown out. Summer's best option is really just to forget MRT and reapply, IMO.


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## chicken999 (May 2, 2013)

CollegeGirl said:


> If you look at his other posts, Summerburns' visa was refused solely because he didn't provide any supporting evidence at all for his application. MRT would honestly be the worst idea ever for him. He says someone at the embassy told him it was okay to submit without the additional documentation and provide it all later. But DIAC says all over their documentation that you have to provide almost everything when you submit, and that they will make a decision based on the information you provide. He provided no information other than forms, so they made a decision. The MRT will only look at what was provided to the case officer to see if she made the right decision. When they see she had nothing, it'll be the easiest case they've ever thrown out. Summer's best option is really just to forget MRT and reapply, IMO.


Thanks for explaining background and yes I agree and it will hopefully be quicker and cheaper just to do a new one


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## ProblemChild (Mar 12, 2013)

CollegeGirl said:


> If you look at his other posts, Summerburns' visa was refused solely because he didn't provide any supporting evidence at all for his application. MRT would honestly be the worst idea ever for him. He says someone at the embassy told him it was okay to submit without the additional documentation and provide it all later. But DIAC says all over their documentation that you have to provide almost everything when you submit, and that they will make a decision based on the information you provide. He provided no information other than forms, so they made a decision. The MRT will only look at what was provided to the case officer to see if she made the right decision. When they see she had nothing, it'll be the easiest case they've ever thrown out. Summer's best option is really just to forget MRT and reapply, IMO.


Hi CollegeGirl

Why do you think MRT is the worst idea for a visa applicant who failed to submit any evidence to DIAC? MRT will accept evidence which the applicant did not submit to DIAC because MRT undertakes merits review, not judicial review. An MRT proceeding is not an appeal. It is a fresh consideration of an application under review. If the applicant did not submit any evidence to DIAC and as a result, a visa was not granted, then MRT is a chance to submit evidence.

Of course, an application to MRT is not cheap but may be cheaper than a new application for a visa. MRT may take long but so as a new application. Depending upon the circumstances of an applicant, a new application for a visa might not be an option.

So it is worth considering an MRT option, I think.


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## chicken999 (May 2, 2013)

Or she can do both like me and cover all bases

Sent from my iPad using Australia


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## summerburns (Apr 2, 2013)

Thank you for your reply and finally I paid a lawyer to start my MRT--Long time and long way....
However, lawyer said he is very confidence about my case after I showed him the evidence I have. And he did give me very good advise. Due to my BVC situation now, I can't apply another 820 again, so MRT is my only way....
I think I have to believe I will win.



Thank you.


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## summerburns (Apr 2, 2013)

Thank you for problemchild~
what you said is exactly my situation. I am in BVC now and I couldn't apply another 820 visa onshore. MRT is my only option if I still want to keep my job in Australia. Otherwise, I have to apply offshore which means I will lose my full time job.
In the end it is my fault that I didn't give DIAC enough doc to support my application.
So I asked the lawyer, he will suggest MRT. As you said, "MRT will accept evidence which the applicant did not submit to DIAC because MRT undertakes merits review, not judicial review". My lawyer said the same.
Though DIAC is more like money talk now, I have to try my best to get it.
Long way to go~

Thank you


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## summerburns (Apr 2, 2013)

chicken999 said:


> Or she can do both like me and cover all bases
> 
> Sent from my iPad using Australia


Thank you for your reply and finally I paid a lawyer to start my MRT--Long time and long way....
However, lawyer said he is very confidence about my case after I showed him the evidence I have. And he did give me very good advise. Due to my BVC situation now, I can't apply another 820 again, so MRT is my only way....
I think I have to believe I will win.


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## summerburns (Apr 2, 2013)

ProblemChild said:


> Hi CollegeGirl
> 
> Why do you think MRT is the worst idea for a visa applicant who failed to submit any evidence to DIAC? MRT will accept evidence which the applicant did not submit to DIAC because MRT undertakes merits review, not judicial review. An MRT proceeding is not an appeal. It is a fresh consideration of an application under review. If the applicant did not submit any evidence to DIAC and as a result, a visa was not granted, then MRT is a chance to submit evidence.
> 
> ...


Thank you for problemchild~
what you said is exactly my situation. I am in BVC now and I couldn't apply another 820 visa onshore. MRT is my only option if I still want to keep my job in Australia. Otherwise, I have to apply offshore which means I will lose my full time job.
In the end it is my fault that I didn't give DIAC enough doc to support my application.
So I asked the lawyer, he will suggest MRT. As you said, "MRT will accept evidence which the applicant did not submit to DIAC because MRT undertakes merits review, not judicial review". My lawyer said the same.
Though DIAC is more like money talk now, I have to try my best to get it.
Long way to go~

Thank you


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## chicken999 (May 2, 2013)

Good luck and let's pray for early hearing for both of us

Sent from my iPad using Australia


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## toughtime (Oct 22, 2013)

Hi, I am in a similar situation where immigration refused my 885 Visa because my lawyer did not provide them with my IELTS result, went through the whole MRT process...waited for 1.5 years...thank god MRT remitted my application 3 weeks ago.

I am still waiting to hear from immegration though, my lawyer told me at this stage we just have to wait till a new CO to look at my case then i can proceed with health check & criminal check.

am i on the right track? thanks everyone!


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## summerjones (Jan 3, 2014)

*After MRT How long untill you get decesion?*

Hi

Does anyone know roughly how long it takes to get a decision after you have attended an MRT Tribunal??

Many thanks


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## summerburns (Apr 2, 2013)

Update: i win mrt.


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## Dinkum (Jan 5, 2014)

*Congratulations*

Great news... a good effort by everyone. Best wishes ...



summerburns said:


> Update: i win mrt.


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## 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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## radical (Apr 21, 2013)

SonicBlue82 said:


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


Hey Sonic,

I am in a similar situation. Have you been contacted by DIBP yet ? Could you please share your experience.

Regards


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## SonicBlue82 (Feb 5, 2013)

Hi Radical,

Yes, a case officer contacted my migration agent 3 weeks after we were notified by the MRT that we won the appeal. The case officer requested relevant documents to my visa application (Form 80, copy of passport, qualifications, a new visa medical and new police checks (since the old ones are no longer valid)... I'm just in the process of obtaining my overseas police clearance certificate and once I have that we will send in everything and hope for the best! The case officer gave us 28 days to send the documents.

What is your experience with the MRT and where do you stand now?


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## radical (Apr 21, 2013)

SonicBlue82 said:


> Hi Radical,
> 
> Yes, a case officer contacted my migration agent 3 weeks after we were notified by the MRT that we won the appeal. The case officer requested relevant documents to my visa application (Form 80, copy of passport, qualifications, a new visa medical and new police checks (since the old ones are no longer valid)... I'm just in the process of obtaining my overseas police clearance certificate and once I have that we will send in everything and hope for the best! The case officer gave us 28 days to send the documents.
> 
> What is your experience with the MRT and where do you stand now?


Hey thanks for sharing your exp. Well in my case, the MRT has remitted my application for reconsideration. I am still waiting for a CO to contact me. Currently, I am onshore and planning to lodge a 189 application in the meantime. However, I am not sure, because DIBP has refused my visa earlier, which puts a onshore application ban on me (S48) but since, MRT has remitted the application for reconsideration, I am curious if s48 ban is still active on me?


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## SonicBlue82 (Feb 5, 2013)

HI Radical,

Congrats on winning your appeal with the MRT. Yeah, the MRT does not have the power to grant a visa. The most they can do is remit the application to DIBP for reconsideration, with a directive that they cannot refuse it for the original reason. In my case, the approved my employers' nomination (which they have the power to do), and then the visa application got remitted to DIBP.

We received an e-mail from a case officer 3 weeks after being notified that we won the appeal with the MRT. The case officer requested a few documents (Form 80, passport, qualifications, police checks for Australia and overseas and a new visa medical). We just sent the documents in a couple days ago, so just waiting to hear from DIBP now! Really hope they are satisfied with everything and grant my visa soon!

Good question regarding lodging a 189 application. You are correct that once you are refused a visa onshore, Section 48 kicks in and you are barred from lodging another visa whilst onshore (with the exception of a bridging visa, a protection visa or a partner visa). However, if you win your appeal with the MRT, I don't know if you are still barred from lodging another visa application or not... That would be a good question for Mark Northam (who happens to be the migration agent that represented me for my appeal!). I would ask Mark in the "Ask Mark" topic at the top of the Immigrations forum and see what he says. Good luck!



radical said:


> Hey thanks for sharing your exp. Well in my case, the MRT has remitted my application for reconsideration. I am still waiting for a CO to contact me. Currently, I am onshore and planning to lodge a 189 application in the meantime. However, I am not sure, because DIBP has refused my visa earlier, which puts a onshore application ban on me (S48) but since, MRT has remitted the application for reconsideration, I am curious if s48 ban is still active on me?


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## radical (Apr 21, 2013)

SonicBlue82 said:


> HI Radical,
> 
> Congrats on winning your appeal with the MRT. Yeah, the MRT does not have the power to grant a visa. The most they can do is remit the application to DIBP for reconsideration, with a directive that they cannot refuse it for the original reason. In my case, the approved my employers' nomination (which they have the power to do), and then the visa application got remitted to DIBP.
> 
> ...


Great news for you!! Hopefully you will get your grant soon. Wish you all the luck.

And yes, Mark Northan is the one who is my agent too. As per him it is a grey area. I am just looking for any successful cases in such scenarios.


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