Where receiving an adverse decision on an application for Australian Citizenship, the applicant has the right to apply for merits review of the decision with the Administrative Appeals Tribunal (AAT).
The AAT can review Australian Citizenship decisions, including decisions made under to the Australian Citizenship Act 2007 (Cth) ('the Act') to:
Merits review is a de novo reassessment of a decision made by the primary decision-maker. When conducting merits review, the AAT will reassess an application by standing in the shoes of the Department of Home Affairs delegate and make a fresh decision by applying the law to the facts of the case.
The nature of merits review generally requires the AAT member to consider the decision under review de novo and decide on what the member considers to be the correct and preferable decision at the time of the reconsideration and based on all relevant material before them.
The AAT will not examine the original decision and discern whether a mistake was made in the findings of fact or the reasoning. The task before the AAT is to consider the material tendered in evidence and the submissions made in relation to the application and then reach a decision in accord with the Act.
During the merits review process, applicants have the opportunity to present new information and further evidence to support their application claims. The AAT may make the same decision as the Department of Home Affairs, or it may reach a different decision on the facts. In specific circumstances, the AAT may remit the application back to the Department of Home Affairs for reconsideration with specific directions to the departmental delegate.
There are time limitations for applying for merits review of adverse Australian citizenship decisions. Generally, applications for merits review must be lodged within 28 days from the date of notification of the decision by the Department of Home Affairs. There are limited exceptions to the time limitations and a decision will occur as to whether or not the AAT has jurisdiction to consider any application.
