What happens at the Refugee Review Tribunal (RRT) - …racs.org.au/wp-content/uploads/FS4_What_happens_at_an_RRT_heari… · What does the RRT do? 2 | What happens at the Refugee

Refugee Advice and Casework Service

A. Level 12, 173-175 Phillip Street Sydney NSW 2000P. [02] 9114-1600F. [02] 9114-1794E. [email protected] W. www.racs.org.au

What happens at the Refugee Review Tribunal (RRT) ?

© UNHCR/S.Phelps

What does the RRT do?

2 | What happens at the Refugee Review Tribunal?

The Refugee Review Tribunal is an independent statutory body which reviews the

Department of Immigration and Citizenship (DIAC) decisions to refuse to grant a

Protection visa. If you have received a NEGATIVE decision from DIAC, you can apply

for a review hearing.

The RRT will assess all the information in your case and make a new decision

about whether you are owed protection by Australia.

The RRT can make a different decision to DIAC.

You do not need a legal representative at the RRT. Many applicants for RRT review

do not have a legal representative.

How can I apply to the RRT?

Complete an application form which is available on the RRT website

(www.mrt-rrt.gov.au)

Time limits: There are strict time limits for applying for review:

If you received your decision by POST: you must lodge within 7 working days

from the date of the decision + 28 calendar days.

If you received your decision by EMAIL OR FAX: you must lodge within 28

calendar days from the date of the decision.

please noteIt is critical that you lodge before the time limit expires or you will LOSE your right of appeal.

If you lodge before a valid review application, your bridging visa will continue

automatically.

what is a hearing?

What is the process at the RRT?

Hearing invitation:

The RRT will send you a letter inviting you to attend a hearing.

Respond to this invitation by completing and returning the form.

Tell the RRT if you need an interpreter at the hearing.

Tell the RRT if there is any person that you would like to give evidence at the

hearing.

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A hearing is a formal interview between you and the RRT Member.

The purpose of the hearing is for the Member to ask you questions about your

case and to allow you to tell the Member all the information about your case.

• Decision makers at the RRT are called “Members”.

• The Member deciding your case will have a copy of all the forms and documents

that you provided to DIAC as part of your Protection visa application.

• The Member will listen to the recording of your DIAC interview.

• TheMemberwillreadthedecisionbytheDIACOfficer.

• The Member may also have copies of previous visa applications, such as

Student or Tourist visa applications, that you made in the past.

How can I prepare for the RRT hearing?

Read the application forms and statement that you provided to DIAC.

ReadthedecisionoftheDIACOfficer.

Write down all the reasons why you think the decision is wrong.

If you notice that some of the information you provided to DIAC is incorrect or

inconsistent, you should explain this to the RRT before the hearing or at the start

of the hearing.

New information or evidence:

Have there been any changes in your life that are relevant to your claims for

protection?

Yes?

The RRT will consider any new information or evidence that you submit, even if

you did not provide it to DIAC. For example:

• The general situation may have changed in your home country.

• You may have obtained new documents or evidence to support your case.

4 | What happens at the Refugee Review Tribunal?

Do I need to bring anything to the hearing?

You should bring:

• photoidentification(forexampleyourpassportornationalID

card)

• originaldocumentsyouwanttheRRTtoconsider

• theletterfromtheRRTinvitingyoutoahearing.

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Where is the hearing?

The address of the RRT in Sydney is:

The Refugee Review Tribunal

Level 11

83 Clarence St

Sydney NSW 2000

• You should plan to arrive at least 20 minutes before the start of the

hearing.

• There is very limited parking for cars. It is a good idea to take public

transport.

• The nearest train station is Wynyard.

RRT

What happens during the hearing?

6 | What happens at the Refugee Review Tribunal?

Before the hearing starts:

ATribunalOfficerwillconductsomepreliminarymatters,suchasconfirming

your identity and collecting documents that you want to provide.

When the hearing starts:

When the RRT Member enters the room, the hearing will commence.

TheMemberwillaskyoutotakeanoathoranaffirmation(apromisetotell

the truth).

The Member will explain some general information, including the role of the

RRT, the role of the interpreter, and the law about protection in Australia.

Interpreter problems:

If there are problems with the interpreter during the hearing, tell the Member

about this immediately.

Questions about your case:

The RRT Member might ask you questions about:

• problems that you experienced in your home country

• why and how you came to Australia

• what you fear will happen to you if you were forced to return to your

home country

• whether the police could protect you against harm

• whether you could move to another part of your country to avoid harm.

Do not guess or make up answers:

If you do not understand a question, tell the Member that you do not

understand.

Ask them to explain the question again.

If you cannot remember an event clearly, tell the Member that you cannot

remember.

What happens during the hearing?

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Adverse information:

The Member may tell you that the RRT has information which does not

support your claims. This is so that you have an opportunity to comment on

the information.

You can respond to this information at the hearing or, if the information is

complicated, you can ask the Member to give you time to respond in writing

at a later date.

Sometimes the Member may even conduct another hearing for this purpose.

If you are going to respond in writing, the Member will tell you of the date

by which you have to respond.

The RRT will not make a decision in your case until after this date.

End of the hearing:

The Member will tell you that he or she has no further questions and ask you

if there is anything else you wish to add.

It is very important that you tell the Member all the information about your

caseeveniftheyhavenotspecificallyaskedyouquestionsaboutthis.

Donotleavethehearinguntilyoufeelsatisfiedthatyouhavetoldyourstory

in full.

At the end of the hearing, you can also ask the Member if he or she has any

concerns about your case.

When will a decision be made?

8 | What happens at the Refugee Review Tribunal?

After the hearing, the RRT can make a decision on your case at any time (unless

you were given time to provide information in writing).

The RRT will send you the decision in a letter. The decision might be sent by post

or by fax.

Positive decision

• If thedecision ispositive, thedecision recordwill say that theRRTwill set

aside the DIAC decision and ‘remit’ your application to DIAC. This means the RRT

agrees you need protection.

DIAC will contact you and tell you what you need to do before you are granted a

visa. For example, you may need to complete character or health checks.

Negative decision

• Ifthedecisionisnegative,theRRTwill‘affirm’theDIACdecisionandprovide

detailed reasons for the decision. This means the RRT agrees with the decision.

• Youshouldgetlegaladviceassoonaspossible.

Judicial review: If you get a negative decision, you may be able to challenge the

decision at the Federal Circuit Court through ‘judicial review’.

please noteThere is a time limit for applying for judicial review. The time limit is generally 35 days from the date of the RRT decision.

You can contact Legal Aid NSW on (02) 9219 5790 for advice about judicial review.

RACS does not provide advice in relation to judicial review.

Ministerial intervention: You may be able to write to the Minister for Immigration

and ask him to consider your case. Please read the RACS Fact Sheet called “Refused

by the RRT, what are your options?”.

Further information

For further information, you can contact the RACS Telephone Advice service on 9114 1600 between 10:00 and 12:00 on

Tuesday and Thursday for free telephone advice, to see if you need an appointment or for a referral to another service.

Thisbrochureisavailablein:Arabic,Chinese(simplified),Dari/Farsi,TamilTurkish,Urdu

For more information, visit www.racs.org.au, call RACS on (02) 9114-1600 or email [email protected].

Disclaimer This fact sheet is general. It does not constitute, and should be not relied on as, legal advice. Refugee Advice and Casework Service recommends seekingadvicefromaqualifiedlawyeronthelegalissuesaffectingyoubeforeactingonanylegalmatter.RefugeeAdviceandCaseworkServiceistheauthor of this publication and accepts responsibility for the information. This factsheet applies to people who live in, or are affected by, the law as it applies in Australia.The information in this fact sheet is current at 1 November 2012ThispublicationhasbeenproducedwiththefinancialassistanceoftheLawandJusticeFoundationofNSW.TheFoundationseekstoadvancethefairness and equity of the justice system and to improve access to justice, especially for socially and economically disadvantaged people. http://lawfoundation.net.au This publication is copyright. It may be reproduced in part or whole for educational purposes as long as proper credit is given to the Refugee Advice and Casework Service and its contributors.Disclaimer:anyopinionsexpressedinthispublicationarethoseoftheauthorsanddonotnecessarilyreflecttheviewsoftheLawandJusticeFoundation’s Board of Governors. © Refugee Advice and Casework Service.

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Further Information

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*a certified copy of a document is a photocopy of a document that has been certified by a Justice of the Peace

(to find a Justice of the Peace http://jp.lawlink.nsw.gov.au/public/welcomePublic.do)

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