The Immigration Department has powers based on public interest, allowing you to intervene to reverse a decision of rejection of visa issued by a court of review.
You can request the Ministry to intervene on their behalf if the visa is denied, after receiving the rejection decision by a court of review. The Ministry of Immigration intervenes only then and not before the reviewing court makes its decision. Court review can be:
- Refugee Review Tribunal (RRT)
- Migration Review Tribunal (MRT)
- Administrative Appeals Tribunal (AAT)
situations where can not intervene, the Ministry of Immigration
However there are circumstances in which the Immigration Department can not intervene even if a Court of Review has issued a decision. Can not intervene where:
- The decision by the Department of Immigration and Citizenship does not grant the visa, not a decision that could be reviewed by a Review Tribunal.
- The RRT return a case to the Immigration Department for further consideration and an agent of the department take a decision on the visa.
- The Court considers that it should review the decision by the Immigration Department.
- The Court held invalid the request for review because it did not occur in the context of time.
- A decision by an AAT does not respect the decision of a review made by an MRT.
The Department will inform you if it can not intervene in his decision because it does not consider the public interest.
You can request a review to the Ministry if it is appealing to a court of review in court and has not yet made a decision on his visa. However, the Ministry intervenes only in a few cases, so you should not ignore the review that has asked the court to review in the hope that the Ministry is involved in your case.
Who can apply intervention of the Ministry
You and any authorized representative may make a request for action to the Ministry.
Other people can not make the request in your name but are allowed to send letters to the Ministry and support its request. These letters are considered when making the assessment.
A court may also refer the case to the Ministry when it considers that the information you provided during the review of implementation should be closely observed by the Ministry. When this happens the department will send you a letter requesting to provide additional information.
Note: The information requested should be sent as soon as possible because the Ministry is not obliged to attend if at the same time should not discontinue the application so far is dealing with the court pending review to be attended by the Minister of Immigration.
Cases in which the Ministry
The Ministry has identified the cases that attract attention and those who intervene in accordance with unique and exceptional circumstances, including the documentation that should be provided for each case. See unique and exceptional circumstances.
If this is the first time you asked the Ministry intervention, the better the chance that your case is studied. Although there is no limit to the number of times you can ask the Ministry to intervene in his case, usually once the Ministry has rejected a request is unlikely to consider in the future.
The Ministry will only consider a future request that comes from you if:
There have been remarkable changes in your case since your last request for action, as the case should:
- be a significant change that had not been previously provided or considered by the Ministry.
- be unique and exceptional circumstances according to the opinion of the Ministry.
- support a temporary visa arrival or have applied for a visa or other.
- Note: This does not apply if you are in detention.
What is expected of you?
Except you are detained in immigration, it must use or carry a visa arrival or other temporary visa for the duration of the evaluation of their application for assistance. Otherwise the department may determine not to intervene.
You must submit to the Ministry:
- All documentation of your case and why you believe your circumstances are unique and exceptional and should therefore be assessed.
- is important to include certified copies of any documents that support your claim to remain in the country. The documents should have been obtained before the application for assistance and must confirm the statement you made.
- If you can provide certified copies of the documentation you provided, the department should explain the causes or otherwise runs the risk that your request is not met. in Australia certified copies can be authenticated by a Magistrate or Justice of the Peace, the administration of a bank, a Commissioner for Declarations, a doctor who is officially registered and the office of a public service of Australia with more than five years legal activity. see list of persons who can certify documents in Australia .
- To certify documents overseas contact the immigration office Australia to their place of residence.
- Documents in language other than English must be accompanied by a transcript of it made by an Accredited National Authority for Translators and Interpreters (NAATI ).
- extra Among other documents the Department may be asked to undergo medical examinations, present police certificates or other necessary information.
If you tell the department that dominates a profession or occupation in demand in Australia, the Authority may request an Evaluation to review your case to see if it meets the qualifications. You must then provide the documents as quickly as possible.
options if the Minister refuses to intervene in his case
You should not assume that the Ministry will take your case, because as we said above is not required to do so and are usually few cases considered , so you until they tell you that you will consider your request must continue to make arrangements to leave Australia.
If the Ministry decides not ultimately intervene on their behalf must leave Australia as soon as possible. If for some reason can not leave the country should contact the nearest departmental office to provide assistance and help you prepare for departure.
Provisional Visas
While your application is being considered, you can apply for a provisional visa arrival. The application will be considered according to the relevance that has the provisional visa for which you applied.
Leah
Provisional Visas Arrival .
Provisional Application for a visa .
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