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Migration Review Tribunal (MRT) Australia

Welcome to our comprehensive guide on the Migration Review Tribunal (MRT) and how to effectively navigate the appeals process. At Eduaid we understand the complexities and challenges individuals and businesses face when dealing with migration issues. Our team of experts is dedicated to providing you with the most accurate information and strategies to help you overcome obstacles and achieve successful outcomes.

Understanding the Migration Review Tribunal (MRT)

The Migration Review Tribunal (MRT) is an independent administrative body in Australia that reviews decisions made by the Department of Home Affairs (DHA) regarding visa refusals, cancellations, and certain other migration-related matters. It plays a crucial role in ensuring the fair and just administration of migration laws.

Reasons for Appealing to the MRT

There are various reasons why you might consider appealing a decision to the MRT. Some common scenarios include:

1. Visa Refusal: If your visa application has been refused by the DHA, you have the option to seek a review by the Migration Review Tribunal (MRT). This allows for an impartial assessment of your case and an opportunity to present additional evidence to support your claims.
2. Visa Cancellation: In certain circumstances, the DHA may decide to cancel your visa. Appealing to the MRT can provide a chance to challenge the cancellation and present compelling arguments for why your visa should be reinstated.
3. Merits Review: The Migration Review Tribunal MRT conducts a merits review, which means it considers your case afresh, taking into account all relevant facts and circumstances. This review process allows for a fair assessment of your eligibility and helps ensure that any errors or oversights in the initial decision are rectified.

The MRT Appeals Process

To effectively navigate the appeals process at the MRT, it is crucial to understand the steps involved. Let’s walk through each stage:

1. Lodging an Application for Review

The first step is to lodge an application for review with the MRT. This must be done within the specified timeframe, which is usually 21 or 28 days from the date of receiving the decision from the DHA. It is essential to provide all necessary supporting documents and present a well-structured case to maximize your chances of success.

2. Preparing Your Case

Once your application for review is lodged, it is crucial to begin preparing your case thoroughly. This involves:

• Gathering Evidence: Collect all relevant documents and evidence that support your claims or challenge the decision made by the DHA. This can include personal statements, expert opinions, financial records, and any other relevant information.
• Legal Submissions: Craft persuasive legal submissions that clearly outline the grounds for your appeal and highlight any errors or shortcomings in the DHA’s decision. It is essential to provide well-reasoned arguments backed by applicable legislation, case law, and supporting evidence.

3. MRT Hearing

After submitting your application and supporting documents, the MRT will schedule a hearing. This is your opportunity to present your case in person before a member of the MRT. During the hearing, you should:

• Prepare for Questions: Anticipate the questions that the member might ask and be well-prepared with concise and compelling answers. Practice your responses to ensure clarity and coherence.
• Engage Legal Representation: Consider engaging the services of an experienced migration lawyer or agent who can guide you through the process, provide legal advice, and represent you during the hearing. Their expertise can significantly enhance your chances of success.

4. MRT Decision

Following the hearing, the Migration Review Tribunal (MRT) will carefully consider all the evidence and submissions presented before making a decision. This decision will be communicated to you in writing, outlining the reasons for the outcome.

The Importance of Professional Guidance

Navigating the MRT appeals process can be challenging, and seeking professional guidance can greatly increase your chances of success. At Eduaid, we offer expert advice and assistance tailored to your specific situation. Our team of migration specialists possesses in-depth knowledge of the MRT process and can provide you with the following services:

1. Case Assessment: We will carefully assess your case, identify its strengths and weaknesses, and provide an honest evaluation of your prospects for success at the MRT.
2. Document Preparation: Our experienced team will help you gather all necessary documents, ensuring that they are complete, accurate, and presented in a compelling manner.
3. Legal Representation: If required, we can provide you with professional legal representation, including the preparation of persuasive legal submissions and representation during the MRT hearing.
4. Strategy Development: We will work closely with you to develop a comprehensive strategy that maximizes your chances of a successful outcome at the MRT. Our team will guide you through the process, explaining each step and keeping you informed at every stage.

Conclusion

Successfully navigating the Migration Review Tribunal (MRT) appeals process requires a comprehensive understanding of the legal framework and the ability to present a compelling case. At Eduaid, we are committed to assisting you throughout this challenging journey. Our team of experts possesses the knowledge, experience, and dedication necessary to help you achieve favorable outcomes. Contact us today to receive personalized assistance and take the first step towards a successful appeal at the MRT.

NZ Citizen Family Relationship Visa

The New Zealand Citizen Family Relationship (Temporary) visa (subclass 461) allows a non-New Zealand citizen to stay in Australia with a family member who is a New Zealand citizen.

How do I get this visa?

To be granted this visa, you must:

• Not be a New Zealand citizen.
• Be a family member of a New Zealand citizen.
• Meet the Australian government’s health and character requirements.
• Not have any outstanding debts to the Australian government, and have arranged to repay any debts you might have.

Are there any other conditions?

The family member you will live with must be a citizen of New Zealand, but not an Eligible New Zealand citizen. They must also live with – or be eligible to accompany you with – a Special Category visa (subclass 444) in Australia.

How do I apply for this visa?

To apply for this visa, you are required to complete Form 147 – Application for a New Zealand Citizen Family Relationship (subclass 461) visa. You should attach all necessary documents along with the visa form, and lodge your application to the Department of Home Affairs by post or courier.

Contact eduaid for more information on how to prepare and successfully lodge a visa application for migrating to Australia!

What are the features and benefits of this visa?

With this visa, you can:

• Work in Australia.
• Study in Australia.
• Travel to and from Australia for five years from the date the visa is granted.

You can also include your or your partner’s child/step-child in your visa application, who will be given the same benefits as you if granted the visa.

Remaining Relative visa (subclass 835) | Right Pathway

Welcome to Visa Envoy, your trusted source for comprehensive immigration information. We understand the importance of reuniting with your loved ones and the challenges involved in the visa application process. In this article, we will delve into the details of the Remaining Relative Visa Subclass 835, a pathway that can help you bring your remaining relatives to Australia. With our expert guidance, you can navigate through the intricacies of this visa subclass and take a step closer to uniting with your family.

Overview of the Remaining Relative Visa Subclass 835

The Remaining Relative Visa Subclass 835 is designed for individuals who have no near relatives residing outside Australia, except for their remaining relatives. This visa offers a unique opportunity for eligible applicants to sponsor their remaining relatives to live in Australia permanently. By obtaining this visa, you can provide your loved ones with the chance to build a new life in a country known for its diverse opportunities and high standard of living.

Eligibility Criteria

To apply for the Remaining Relative Visa Subclass 835, certain eligibility criteria must be met. Here are the key requirements:

1. Remaining Relative: You must be the only remaining relative of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
2. Outside Australia: Your remaining relative must be residing outside Australia and should not have any other near relatives residing outside their home country.
3. Age: You must be at least 18 years old when lodging the visa application.
4. Health and Character: Both you and your remaining relative must meet the health and character requirements set by the Australian authorities.

Please note that meeting the eligibility criteria does not guarantee the grant of a visa, as there are limited places available for this visa subclass.

The Application Process

Obtaining a Remaining Relative Visa Subclass 835 involves a structured application process. Here is a step-by-step guide to help you understand the journey towards bringing your remaining relatives to Australia.

Step 1: Gathering Required Documents

Before submitting your visa application, it is crucial to ensure that you have all the necessary documents ready. These may include:

• Proof of your relationship with the remaining relative
• Identity documents, such as passports and birth certificates
• Evidence of your remaining relative’s current residence outside Australia
• Character and health assessment reports

Step 2: Lodging the Visa Application

Once you have gathered all the required documents, you can proceed to lodge your visa application. It is essential to complete the application accurately and provide all the requested information. Failure to do so may lead to processing delays or even visa refusal.

Step 3: Health and Character Assessments

After lodging the visa application, both you and your remaining relative will need to undergo health and character assessments. These assessments ensure that individuals entering Australia do not pose a risk to public health and safety.

Step 4: Waiting for a Decision

Upon completion of the health and character assessments, the Australian Department of Home Affairs will assess your visa application. The processing time may vary, depending on various factors such as the volume of applications and individual circumstances.

Step 5: Visa Grant and Travel to Australia

If your visa application is approved, you will receive a notification of the visa grant. It is important to note the visa conditions and comply with them. Once your remaining relative arrives in Australia, they can enjoy the benefits of permanent residency, including work and study opportunities.

Benefits of the Remaining Relative Visa Subclass 835

The Remaining Relative Visa Subclass 835 offers several advantages to both sponsors and visa holders. Let’s explore some of the benefits:

1. Reuniting with Loved Ones

The primary benefit of this visa subclass is the opportunity to reunite with your remaining relatives. It enables you to strengthen family bonds and create lasting memories together in Australia.

2. Permanent Residency in Australia

By obtaining the Remaining Relative Visa Subclass 835, your remaining relative will gain permanent residency in Australia. This grants them access to numerous benefits, such as healthcare, education, and social security.

3. Work and Study Opportunities

Visa holders under the Remaining Relative Visa Subclass 835 are eligible to work and study in Australia. They can explore various career prospects and access world-class educational institutions, contributing to their personal growth and development.

4. Pathway to Australian Citizenship

After fulfilling certain residency requirements, visa holders may be eligible to apply for Australian citizenship. This pathway allows them to fully integrate into Australian society and enjoy the privileges of being a citizen.

Remaining Relative visa (subclass 115)

Welcome to our comprehensive guide on the Remaining Relative Visa (Subclass 115), a pathway that allows individuals to reunite with their remaining family members in Australia. At Eduaid, we understand the importance of family and the desire to be together, which is why we are here to provide you with all the information you need to successfully navigate the visa application process.

Understanding the Remaining Relative Visa (Subclass 115)

The Remaining Relative Visa (Subclass 115) is a migration option offered by the Australian government for individuals who have no close family members residing in their home country, except for those who are eligible for migration to Australia as permanent residents or citizens. This visa provides an opportunity for eligible individuals to join their remaining family members in Australia and build a new life together.

Eligibility Criteria

To apply for the Remaining Relative Visa (Subclass 115), certain criteria must be met. It is essential to ensure that you satisfy these requirements before proceeding with the application process. The key eligibility criteria for this visa subclass include:

1. Relationship: You must be the brother, sister, child, or step-relative of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who is usually resident in Australia. It is important to note that the person you wish to join must be the only close relative you have living in Australia.
2. Balance of Family Test: You must meet the “balance of family” test, which means that at least half of your eligible family members (including yourself and your partner) are living lawfully and permanently in Australia, or more of your eligible family members live permanently in Australia than in any other single country.
3. Health and Character Requirements: Like any visa application, you must meet the health and character requirements set by the Australian government. This involves providing relevant medical examinations and police clearances.

Application Process

Applying for the Remaining Relative Visa (Subclass 115) involves several steps, and it is crucial to follow them accurately to ensure a smooth and successful application. Here’s an overview of the application process:

1. Gather Documentation: Collect all necessary documents, such as proof of relationship, identity documents, and evidence of meeting health and character requirements.
2. Submit Expression of Interest (EOI): Lodge an Expression of Interest (EOI) through the Department of Home Affairs’ online platform, Skill Select. Provide accurate and detailed information about yourself and your family members in Australia.
3. Receive Invitation: If your EOI is selected, you will receive an invitation to apply for the Remaining Relative Visa.
4. Complete Application: Submit a complete application, including all required forms and supporting documents within the given time frame.
5. Wait for a Decision: The processing time for the Remaining Relative Visa (Subclass 115) varies, and it is important to be patient during this stage. The Department of Home Affairs will assess your application thoroughly.
6. Visa Grant: Once your application is approved, you will receive a visa grant notification, allowing you to enter and live in Australia as a permanent resident.

Benefits of the Remaining Relative Visa (Subclass 115)

Opting for the Remaining Relative Visa (Subclass 115) offers various advantages for eligible applicants. Some of the key benefits include:

1. Family Reunification: This visa allows you to reunite with your remaining family members in Australia, fostering stronger bonds and creating a sense of belonging.
2. Permanent Residency: The Remaining Relative Visa grants you permanent residency in Australia, which comes with numerous benefits such as access to healthcare, education, and social security schemes.
3. Work and Study Opportunities: As a permanent resident, you have the freedom to work and study in Australia without any limitations.
4. Pathway to Citizenship: After fulfilling the necessary residency requirements, you may be eligible to apply for Australian citizenship, opening doors to additional rights and privileges.

Remaining Relative Visa

This visa is for you if you are a relative who, at the time the visa application is lodged, is 'settled' and either an Australian citizen, permanent resident or eligible New Zealand citizen. This means your relative must have been lawfully resident in Australia for a reasonable period, normally two years, although a shorter period can be considered for Australian citizen children if there are compelling and compassionate circumstances.

Adoption Visa (subclass 102)

Welcome to our comprehensive guide on the Adoption Visa Subclass 102, designed to assist you in realizing your dream of adopting a child from overseas. The Subclass 102 visa provides a pathway for eligible individuals or couples to bring a child into Australia for adoption. In this article, we will explore the eligibility requirements, application process, document requirements, and the key benefits of this visa subclass.

Eligibility Criteria

To be eligible for the Adoption Visa Subclass 102, you must meet the following requirements:

• You must be an Australian citizen, permanent resident, or an eligible New Zealand citizen.
• You should be residing in Australia at the time of lodging the visa application.
• The child you wish to adopt must be under the age of 18 years.
• You should have a significant and lasting commitment to the child.
• You must satisfy the character and health requirements set by the Australian government.

Are there any other conditions?

The child should be outside Australia when the visa application is lodged, and when a decision is made.

If the child is under 18 years of age when the application is submitted, they will be considered ineligible for this visa – even if they turn 18 before a decision is made on the application.

How do I apply for Adoption Visa (subclass 102)?

The adoptive parent usually lodges the visa application on behalf of the child. The applicant needs to complete Form 47CH – Application for Migration to Australia by a Child, while the sponsor needs to

complete Form 40CH – Sponsorship for a Child to Migrate to Australia.

After completing all necessary paperwork and paying the application charge, you can submit your application at any immigration office outside Australia.

You can enlist the help of eduaid – the best migration agents in town – to prepare a foolproof visa application!

Document Requirements

To support your Adoption Visa Subclass 102 application, you will need to provide various documents. The exact requirements may vary based on individual circumstances, but the general documents typically include:

• Proof of your Australian citizenship, permanent residency, or eligible New Zealand citizenship.
• Evidence of your identity, such as birth certificates, passports, or national identification documents.
• Documentation showcasing your relationship with the child, including evidence of your commitment to their welfare and long-term care.
• Medical examinations and health assessments for both the adopting parents and the child.
• Character reference checks and police clearance certificates.
• Consent from the child’s birth parents or legal guardians, depending on the specific circumstances.

It is essential to ensure that all the documents are valid, complete, and accurately represent your situation.

Key Benefits of Subclass 102

The Adoption Visa Subclass 102 offers several advantages to prospective adoptive parents:

1. Legal recognition: Obtaining the Subclass 102 visa establishes a legal pathway for bringing a child into Australia for adoption, ensuring a secure and recognized status for the child.
2. Access to government support: Once the visa is granted, the adopted child becomes eligible for various social security benefits and healthcare services provided by the Australian government.
3. Permanent residency pathway: The Subclass 102 visa serves as a stepping stone towards permanent residency in Australia. After the visa is granted, adoptive parents may be eligible to apply for Australian citizenship for the child.
4. Family unity: The visa allows adoptive parents to provide a loving and nurturing environment for the child, ensuring their well-being and family unity.
5. Educational opportunities: The child can benefit from Australia’s high-quality education system, which offers a wide range of academic and extracurricular opportunities.
6. Access to healthcare: Australia provides excellent healthcare facilities and services, ensuring that the child receives comprehensive medical care and support.

Dependent Child visa (subclass 445)

Who is Dependent Child visa (subclass 445) for?

The Dependent Child visa (subclass 445) is a temporary visa. It allows a child to travel to and from, and stay in Australia until their parent’s permanent Partner visa is confirmed.

How do I get Dependent Child visa (subclass 445)?

This visa has several requirements for the applying child, who must be:

• The dependent child of a parent holding a temporary Partner visa or a Dependent Child visa.
• Sponsored by the same person sponsoring their parent with minimal exceptions.
• Single.
• Able to meet the health and character requirements of the Australian government.
• Clear of any outstanding debts to the Australian government, or have arranged to repay any debts there might be.

Are there any other conditions?

Usually, for the visa to be issued, the applying child must be younger than 18. If not, they:

• Must be financially dependent on the parent who holds the temporary Partner visa.
• Must be unable to work due to physical and mental disabilities.

On the parents’ part, one of them must hold either the Temporary Partner visa (subclass 309 or subclass 820) or the Dependent Child visa (subclass 445).

What is the application process?

Typically, the parent must lodge the visa application on behalf of the child. However, this is not set in stone. Either the child or their sponsor must complete and submit Form 918 – Application for an Extended Eligibility visa.

If applying from outside Australia, the applicant must deliver the application to the nearest Australian visa office. If applying from within Australia, then the form can be posted or sent by courier to the Perth Office in Western Australia.

Eduaid can provide you with the best assistance in lodging your visa application, and take care of all the formalities!

What are the features and benefits of Dependent Child visa (subclass 445)?

The Dependent Child visa (subclass 445) is a temporary visa, and lets the child:

• Travel to and from, or stay in Australia with their parents until a decision is made on their parents’ permanent visa application.
• Work and study in Australia.
• Enrol in, and enjoy the benefits of, Medicare.
• Include their dependent children in the visa application.

Child visa (subclass 101)

Who is Child visa (subclass 101) for?

The Child visa (subclass 101) allows a child, who lives outside Australia, to arrive and live in Australia permanently with their parent.

How do I get Child visa (subclass 101)?

To be eligible for this visa, the child must be:

• Sponsored by their parent or parent’s partner.
• Single.
• Younger than 18 years old, or:
• A full-time student between 18 and 25 years of age, or
• 18 or older with an inability to work due to a disorder
• Able to meet the Australian government’s health and character requirements.
• Clear of any outstanding debts to the Australian government.

Are there any other conditions?

The sponsoring parent must be an Australian citizen, permanent resident or an eligible New Zealand citizen.

The child can include their dependent children in their visa application.

If the child is adopted, the adoption must have been completed before their sponsoring parent became an Australian citizen, permanent resident, or an eligible New Zealand citizen.

Any debts to the Australian government must be repaid.

How do I apply for Child visa (subclass 101) ?

Either the child or sponsor should complete Form 47 CH – Application for Migration to Australia by a Child and Form 40 CH – Sponsorship for a Child to Migrate to Australia. Both completed forms then should be lodged together to one of the immigration offices outside Australia. The child must be outside Australia when the visa application is submitted, and when the decision is made.

You can contact Eduaid for more assistance in this regard!

What are the features and benefits of Child visa (subclass 101)?

The child must comply with all Australian laws and visa conditions, such as entering Australia by a set date, and not getting married or into a de facto relationship before arriving in Australia. It also allows the child to:

• Travel to and stay in Australia indefinitely.
• Work and study in Australia.
• Enjoy the benefits of Australia’s national healthcare scheme, Medicare.
• Apply for Australian citizenship.
• Sponsor eligible relatives for permanent residence.
• Enter and exit Australia for five years, starting from the day the visa is granted.

Child visa (subclass 802)

Who is Child visa (subclass 802) for?

The Child visa (subclass 802) is a permanent visa which lets a child stay in Australia indefinitely.

How do I apply for Child visa (subclass 802)?

There are several conditions for a child to qualify for this visa. He or she must be sponsored by their parent or parent’s partner and must be single.

The child must also meet one of the following conditions:

• Be younger than 18 years of age and not be adopted.
• If the child is adopted, he or she must have been under 18 at the time of adoption.
• He or she must be a full-time student between 18 and 25 years old, or
• Must be 18 or older and unable to work due to a disability.
• The child must be dependent on the sponsoring parent.

Are there any other conditions?

The sponsoring parent must be an Australian citizen, permanent resident, or an eligible New Zealand citizen.

The child must meet the Australian government’s health and character requirements. He or she must also not have any outstanding debts to the government, and have arranged to repay any debts there might be.

The sponsoring parent can apply for this visa on behalf of the child.

What is the application process?

The child must be in Australia both when the visa application is lodged and when the visa is issued. After gathering the necessary documents, the child (or their sponsor, on their behalf) should complete Form 47 CH – Application for Migration to Australia by a Child.

The sponsor, on their part, should complete Form 40 CH – Sponsorship for a Child to Migrate to Australia. You can post or courier the visa application to the Perth Office in Western Australia.

Contact Eduaid for the best assistance when it comes to immigration services, and lodging a successful visa application.

What are the features and benefits of Child visa (subclass 802)?

The Child visa (subclass 802) is a permanent visa and grants the child permanent residence in Australia. It also lets him or her to:

• Work and study in Australia.
• Enrol in Medicare – Australia’s national healthcare related scheme.
• Apply for Australian citizenship.
• Sponsor eligible relatives for permanent residence in Australia.
• Travel freely to and from Australia for five years, starting from the day the visa is granted.

Child Visa Options

This means your child must have been lawfully resident in Australia for a reasonable period, normally two years, although a shorter period can be considered for Australian citizen children if there are compelling and compassionate circumstances.