Residence Review Board

This article is about Immigration Policy but it is not a description of policy. In our opinion simplified descriptions of policy are dangerous. If you want to know why we think that, read “Why things go wrong”.

Residence Review Board. Any residence application that has been considered and declined by an immigration officer can be taken on review to the Residence Review Board. The Board does not hear cases or cross examine witnesses but considers argument and evidence presented in writing. The Board may find the immigration officer was wrong, or may decide the immigration decision was right but that the circumstances are such that the matter should be presented to the Minister for him or her to consider an exception to policy.

Non-refundable fees are payable to the government.

Strict time limits apply after the decline decision.

It is important to get all facts and policy arguments correct from the outset. This is not a review process that works by “getting your foot in the door, and then charming the jury”. The review is very precise and complete.

Summary results are published (anonymously), so practitioners build a knowledge of precedent, just like in court cases.

Not every one who is declined appeals, but of those that do, approximately 30% are successful.

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Read about: Appeals, general discussion . Ministerial Intervention.	Overstayer / illegal immigrant. Appeal to the High Court. Removal Review Authority.


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