Appeals From DIAC to the Migration Review Tribunal

Are you aware that in 2008-2009, the MRT is targeting to have 7500 cases decided.

The MRT hopes to have 70% of bridging visa (detention cases) decided within 7 working days.

The MRT expects 70% of MRT visa cancellation or revocation cases decided within 150 calendar days.

The MRT expects 70% of general MRT cases decided within 320 days.

Our firm specialises in lodging MRT applications. We lodge appeal applications with the MRT in Sydney, Melbourne and Brisbane centres, on behalf of employers, sponsors and visa applicants how have had adverse decisions.

Why use MyVisa for your MRT Appeal?
-our impeccable track record with Migration Review Tribunal applications, meaning you are more likely to get your appeal dealt with fairly
-our team of specilist Australian Registered Migrations Agents and Immigration Lawyers have over 50 years combined experience in MRT application lodgments, meaning you'll get to avoid the pitfalls others regularly fall into
-our specialisation in this area gives efficiencies - means you get excellent services with very competitive pricing, saving you money

Stop the headache of negotiating the MRT appeal process alone!

Next step - Get started right now!
Make a positive decision about your future today, and gain immediate confidence by booking a consultation with one of our MRT specialists. Call us to schedule your consultation or book online right now.

A word on Health Waivers

“Health” can be one of the most complex aspects of any migration application.

The health requirements for a visa may be one of the final requirements that the Department of Immigration and Citizenship (DIAC) checks BUT failure to meet the health requirements will spell visa refusal UNLESS a “health waiver” is permitted.

All Australian visas have a health requirement. The health requirements for each visa vary enormously and depend upon many factors such as:

• Your nationality and the countries in which you have been resident
• Whether you intend to work in or visit institutions such as hospitals, schools etc
• Whether you are applying for a temporary or permanent visa.

Australia unlike the United States does NOT have a prescribed list of diseases/medical conditions that automatically disqualifies that person from entry.

DIAC does oversee regulations that are specific to tuberculosis, otherwise health requirements are considered on the following grounds:

• Risk factor to Australians of the disease/medical condition
• Cost to the Australian public of the disease medical condition
• Medical resources taken from the Australian public

DIAC will refuse a visa on health grounds if it considers that the risk, cost or use of medical resources are too great for the Australian public.

However, this is where the “health waiver” kicks in.  If a visa type permits a health waiver then it’s still possible to be granted a visa. Not all visas types permit health waivers, visas that DO currently permit a health waiver are:

• Partner Visas – marriage, de-facto (includes same sex)
• Employer Nominated Visas – depending on state/territory participation
• Business (UC 457) Visas – Here the employer is signatory to an undertaking
• Humanitarian and some Family visas

The most common medical conditions for which health waivers are argued are:

• HIV
• Cancer
• Intellectual disability (usually for dependents)

It’s important to note that health waivers really are considered on the merits and strengths of EACH individual application. It’s definitely in your best interests to seek advice about your migration matter if you think that you may need to seek a health waiver and to choose an advisor with whom you and your partner or sponsor both feel comfortable.

A good advisor will understand how your specific circumstances may best fit the criteria for the visa and will be able to explain the application and assessment process and what standards of evidence best suit your application.  Discretion and trust are also paramount.

Call us to schedule your consultation or book online right now.