Book contents
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface to the third edition
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: An overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skills-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: Unlawful non-citizens, removal and deportation
- 12 History of the Refugees Convention and definitional framework
- 13 Refugee and humanitarian visas: The statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees – cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental rethink: Need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
- References
19 - The determination and review process for migration and refugee decisions
Published online by Cambridge University Press: 05 June 2012
Book contents
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface to the third edition
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: An overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skills-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: Unlawful non-citizens, removal and deportation
- 12 History of the Refugees Convention and definitional framework
- 13 Refugee and humanitarian visas: The statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees – cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental rethink: Need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
- References
Summary
Merits review
An administrative review tribunal ‘stands in the shoes of the original decision-maker’. It reconsiders an administrative decision with the objective of making the correct or preferable decision based on the facts before it, and in accordance with the applicable law. It is axiomatic to merits review that an administrative review tribunal has power to substitute its decision for that of the original decision-maker.
Primary decisions about migration and refugee visa applications are made under the Migration Act 1958 (Cth) by the Minister for Immigration or DIAC officials acting as the Minister's delegates. Subject to a few exceptions mentioned below, those decisions are subject to merits review by the Migration Review Tribunal (MRT), the Refugee Review Tribunal (RRT) or the Administrative Appeals Tribunal (AAT).
Information
- Type
- Chapter
- Information
- Migration and Refugee LawPrinciples and Practice in Australia, pp. 324 - 345Publisher: Cambridge University PressPrint publication year: 2011
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