When and How to Lodge a Merit Review Application with the AAT

Better job opportunities, great quality of life, a range of study options to choose from, golden sandy beaches and stunning landscapes that simply invite you to spend more time outdoors, these are just some of the reasons why people from all over the world decide to move to Australia. The low unemployment rate and stable economy are the two features that make the Australian labour market the best place to build a successful career. Before you seek employment in Australia you should first apply and obtain a work visa that will allow you to legally reside and work in the land down under. There are different types of work visas you can apply for. Some are sponsored by Australian business, while others can be obtained without an employer sponsorship offer.

For instance, the skilled independent visa 189 allows foreign workers who have specific skills that are in demand on the labour market to live and work in Australia permanently. You can also apply for a permanent residence visa 190, but only if you've been nominated by the Australian territory government agency. Another type of visa that foreign workers can apply for is the skilled regional visa (subclass 489) which is deigned to provide skilled migrants and their families temporary residence in certain Australian regions. With this visa you can work and live in Australia for a limited period of 4 years.

To make sure you're eligible for any of these visas you should check the government's skilled occupations list and see whether your profession is on the list. The next step is to hire an approved migration agent and apply for the visa that best suits your specific situation. Make sure you provide extensive information to prove the claims you've made in the application, since without enough information there is a chance your visa application to be refused. Other factors that can lead to visa refusal include false claims listed in your application and failing to meet Australia's health or character requirements.

If your visa has been rejected you can seek a merit review or appeal the decision of the Department of Immigration and Border Protection (DIBP). As the name implies, a merit review will outline the merits of your visa application. Foreigners can also lodge a merit review application when their visa has been cancelled, yet they are still eligible for a review of this decision. It's important to mention that there is a time frame in which you can lodge your application for it to be reviewed. That's why it's best to apply for a merit review within a few days after you've received the decision letter that your visa has been refused or cancelled.

Most visa refusal decisions are review by a merits review tribunal, know as the Administrative Appeals Tribunal (AAT). It's established under Australian law and works independently, which means it's separate from the DIBP. The tribunal is set up with the main purpose to check whether the DIBP has followed the law and acted fairly when making a decision to refuse or cancel a visa application. You can apply for a merit review online, by fax or you can go directly to the Administrative Appeals Tribunal registry and make a request for a review in person. All the documents that you provide to support you application should be in English and you have to pay a fee when applying for a review. Migrants that have financial problems or are in immigration detention are not require to pay a fee.