Administrative Merits Review, in the Administrative Appeals Tribunal (AAT) on a visa decision, or in relation to some other administrative decision
If you have been detrimentally affected by a visa decision of the Australian Department or Minister of Immigration and Border Protection you may have grounds for appealing for a merits review of the decision in the Administrative Appeals Tribunal (AAT).
In relation to many administrative (public) decisions there is a full range of administrative law processes and remedies which should first be identified.
These include self-help which can be as simple as picking up the telephone and speaking to the administrator who made the decision or letter writing.
There can be internal review processes within the body of the decision-maker to look at and re-consider the decision.
If documents are required that are not in your possession there is Freedom of Information legislation and many agency decisions in relation to such rights are subject to merits appeals to other public officials or public bodies.
There are public officials and Tribunals that administer legislation involving breach of privacy by public officials or bodies.
There may be maladministration which may be investigated and reported upon by the Ombudsman and recommendations made which are usually accepted by the Government.
There may be corrupt conduct which has impacted on you which in your State may be investigated and reported upon by a Corruption Commission.
Ex gratia or act of grace payments may be sought when someone has suffered a financial or other detriment as a result of the workings of government. This detriment usually must be of a nature which cannot be compensated through legal proceedings. Payments are discretionary in nature and it is for Ministers to determine individual applications.
External Merits Review is the process of obtaining an external review of the merits of a statutory (administrative) decision by a person or entity independent of the original decision-maker, who comes to a new decision. Merit review involves making a decision from the beginning and concerns a “remaking” of the decision under review in order to come to the correct or preferable decision based on evidence now presented. An appeal to the AAT dealt with above is an example of this.