The Immigration Assessment Authority (the IAA)

The Immigration Assessment Authority (the IAA) was established in April 2015, as a separate office within the Refugee Review Tribunal. The IAA is independent of the Department of Immigration and Border Protection and of the Minister.

The role of the IAA is to conduct reviews of fast track reviewable decisions. Fast track reviewable decisions are those decisions made by the Minister for Immigration and Border Protection, or delegate, to refuse to grant a protection visa to a fast track applicant.

 

 

The Migration and Refugee Division (MRD or MR Division) of Administrative Appeals Tribunal reviews decisions made by officers of the Department of Immigration and Border Protection to refuse or cancel visas. We can also review decisions relating to approval and cancellation of sponsorship and nomination.

 

Decisions which could be reviewed in the former Migration Review Tribunal and Refugee Review Tribunal are now reviewed in our Migration and Refugee Division.

 

If your visa is refused or cancelled, you might be able to have the decision reviewed by the Administrative Appeals Tribunal (AAT), but you must hurry.  

 

Application fee

 

An application fee of A$1,764 is payable in all cases, except when applying for review of a bridging visa decision (including any related decision to require a security bond) that resulted in a person being placed in immigration detention.

 

Review of refugee decisions

 

No fee is payable at the time of lodging the application, however, if the application for review is not successful then the full fee of A$1,673 will be payable.

If you are liable to pay the fee, an invoice will be sent by the Department of Immigration and Border Protection. You will be required to pay the fee within seven days of receiving this invoice.

 

Time standards

 

The Migration and Refugee Division key performance indicator as set out in the 2015-16 Portfolio Budget Papers is to finalise 75% of cases within 12 months of lodgement.

The Migration and Refugee Division time standards for conducting particular review types in 2015-16 are set out below. Note that these standards are under review.

 

  • Bridging visa (detention) cases

    • Seven (7) working days from lodgement to decision

  • Protection visa cases

    •  90 calendar days from receipt of the Department of Immigration and Border Protection documents to decision

  • Migration visa cancellation cases

    •  150 calendar days from lodgement to decision (and 90 calendar days from constitution to decision)

  • All other migration cases

    •  350 calendar days from lodgement to decision (and 150 calendar days from constitution to decision)

 

Reasons why some cases may not be able to be decided within the standards

 

The division aims to decide at least 75% of cases within these time standards. This recognises that some cases will be unable to be decided within the standards. For example:

  • A backlog of cases may prevent a standard being met.

  • More than one hearing may be required.

  • Hearings may need to be rescheduled for reasons beyond the division’s control.

  • The applicant may request further time to obtain evidence or make a submission.

  • New information may become available.

  • Another body or agency may be required to provide a report or assessment.

 

 

 

Ministerial intervention

The Minister has powers under the Migration Act 1958 to intervene in your case when the Minister thinks it is in the public interest to do so. 

What is and what is not in the public interest is for the Minister to decide. The Minister is not legally bound to intervene or to consider intervening.

When the Minister intervenes to make a more favourable decision, this usually means that the Minister grants a visa. However, only a small number of all requests for ministerial intervention are successful.

Last updated from AAT & IAA & DIBP websites on 21/07/2018

 The information on this site is not a legal advice . Australian immigration law is complex and changes regularly. We strongly recommend that you contact us for updated information and advice on your situation.