Understanding Informal Review and Merits Review in Australian Immigration

When dealing with Australia’s immigration system, visa applicants may get a bad or illegal decision. This can greatly affect their future. Thankfully, there are structured processes in place to challenge these outcomes and seek a fair reconsideration. Two of the most common avenues are informal review and merits review.

This article explains both processes and their importance. It also gives helpful tips for applicants to understand the review framework.

What is an Informal Review?

Applicants typically take an informal review as the first step when they believe an immigration decision is unlawful or incorrect. In such cases:

1. The applicant or their representative may contact the primary decision-maker or their supervisor to request a review.
2. The review should be supported by clear evidence of legal error.
3. It is a fast process. It often helps to change a wrong decision without outside help.

Tip: The Department of Home Affairs usually only considers informal review requests if there is a clear legal mistake. This follows the rules set in Minister for Immigration and Multicultural Affairs v Bhardwaj (2002).

What is a Merits Review?

If the informal process doesn’t work, applicants can go to a merits review. This review is done by the Administrative Review Tribunal (ART).

1. From 2025, the ART has replaced the former Administrative Review Tribunal (ART), consolidating Australia’s tribunal system.
2. A merits review is done de novo. This means the ART looks at the whole case as if it is new.
3. The tribunal can consider all evidence, including new information not presented in the original application.

The ART has the authority to:

1. Affirm: Keep the original decision.
2. Vary: Modify the decision.
3. Remit: Send the case back with instructions.
4. Set Aside: Replace the decision with a new one.

Tip: Be mindful of strict time limits for lodging a review. Missing these deadlines can result in losing the right to appeal.

Fast-Track Reviews

For some applicants, like unauthorised maritime arrivals or holders of certain temporary visas, the Immigration Assessment Authority (IAA) still manages fast-track reviews. These rules streamline the process and require you to resolve issues within shorter timeframes.

Role of Bridging Visas During Review

Applicants who submit a valid merits review application often receive bridging visas. These visas stay valid until the ART finishes the review process. This ensures applicants maintain legal status in Australia while awaiting the outcome.

How Emigrate Lawyers Can Help

Navigating informal and merits reviews can be daunting, especially given the strict legal requirements, timeframes, and evidence preparation involved. This is where professional assistance becomes invaluable.

Emigrate Lawyers specialise in:

1. Assessing the legality of unfavourable decisions.
2. Preparing strong review applications with supporting evidence.
3. Representing applicants before the ART.
4. Advising on bridging visa rights and next steps after the tribunal decision.

By working with migration law experts, applicants significantly improve their chances of achieving a successful outcome.

Frequently Asked Questions (FAQ)

Q 1. What’s the difference between an informal review and a merits review?

A –

1. An informal review is an internal process within the Department of Home Affairs, focusing on clear legal errors.
2. The ART externally reviews a decision in full through a merits review process.

Q 2. Do I need a lawyer for a merits review?

A – Yes, having a migration lawyer can help your case. They can make sure you follow tribunal rules and present your arguments well.

Q 3. How long does the ART take to review a decision?

A – Timeframes vary, but authorities resolve most migration cases in several months. They must decide refugee cases within 90 days.

Q 4. Will I be deported while waiting for the ART decision?

A – If you hold a valid bridging visa, you can stay in Australia legally until the ART completes the review.

Q 5. Can past tribunal decisions guarantee my outcome?

A – No. Tribunal cases are not legally binding like court cases. Each matter is reviewed on its own merits.

Conclusion

Challenging an unfavourable immigration decision is a complex but necessary step for many applicants. Starting with an informal review can often fix problems quickly. If that doesn’t work, a merits review before the ART provides a clear way to seek justice.

With tight deadlines, complex laws, and the need for strong evidence, working with experts like Emigrate Lawyers can help you get a good result.

You might also be interested in – Offences Relating to Visa Applications in Australia