A “merit review” is when a competent review body re-examines the applicant’s claims and any new information submitted along with the application for review.
The review body must take into account a valid application for review in accordance with the law before reaching a conclusion that is preferred given the circumstances. The review body is required to operate in line with the applicable law, just like the initial decision maker. In this particular instance, the competent body in most of the cases, is the Administrative Appeals Tribunal (AAT).
When a visa application is refused, or a visa is cancelled, merit review at the Administrative Appeals Tribunal (AAT) can be sought.
The AAT has the power under Part-5 of the Migration Act 1958 to review migration matters (other than refugee, i.e., certain protection visa matters). Visa refusal decision that can be reviewed under this provision is called Part-5 reviewable decision.
Most refugee decisions are reviewable under Part-7 of the Migration Act 1958 and known as Part 7-reviewable decisions.
Review of a fast-track reviewable decision (s473BB of the Act), relates to the review of certain refugee decisions by the Immigration Assessment Authority (IAA) under Part 7AA of the Act.
Visa applications refused on character grounds are also reviewable at the AAT.
At Salomonn Migration & Advocacy, we create effective strategies to prevent possible visa refusals, for example, researching whether a client is or will be for another kind of visa instead of what they initially aimed for, or withdrawing an application before it could be refused.
We also specialise in formulating lawfully effective strategies at merit review stage to bring success.