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Citizenship, Appeals & Resident Return

MRT

Citizenship

Australian citizenship may be obtained by conferral, descent or in some instances resumption. Since 2007, there has been a change in Australian citizenship laws whereby, intending applicants are now required to have resided in the country for 4 years, and sit a citizenship test. We have experience in assisting clients with this important application and also helping others, by advising them as to how to obtain waivers in their particular circumstances.

Appeals and Ministerial Intervention

Got the wrong end of the stick from DIAC? Don't despair. "Ubi jus ibi remedium": translated, our motto is the maxim: 'for every right, there is a remedy; where there is no remedy, there is no right'. We have a track record of getting the aggrieved across the line in their pursuit of natural justice. At CATHAY IND, appeals to the MRT are our forte.

The Migration Review Tribunal is based on a non-adversarial model of deciding cases. Unlike most courts and some other tribunals in Australia which are based on an adversarial model, it is 'an inquisitorial' system, as the process is one of questions from the tribunal member

The Migration Review Tribunal (MRT), Administrative Review Tribunal (AAT) and Refugee Review Tribunal (RRT), are autonomous merits review tribunals that examine "anew" decisions made by the Department of Immigration and Citizenship (DIAC).

Appeals to these tribunals means that these independent review tribunals examine the application de novo or take a fresh look at the application by examining them from the beginning.

The Federal Court and the High Court can in turn be appealed to for judicial review of unfavourable decisions of the above named tribunals.

We have retained specialist barristers when the need had arisen for judicial reviews and for their opinion on prospects of success.

Furthermore, we have experience in advising and assisting clients with the preparation of submissions to the Minister for Immigration & Citizenship in order to exercise his Ministerial Intervention powers and substitute the adverse decision with a more favourable one.

Resident Return Visa

The Resident Return visa permits current or former Australian Permanent residents , or former Australian citizens to re-enter Australia as permanent residents living abroad. We have successfully assisted applicants in relation to resident return visas so that they were able to retain their right to return to Australia.