What does the IAA do?
The IAA is an independent body established under the Migration Act 1958 (the Migration Act). We conduct fast track reviews of certain decisions made by officers of the Department of Home Affairs (the Department) on behalf of the Minister for Immigration (the Minister).
If your case is referred to the IAA by the Minister, the IAA will reassess your case and make a new decision.
What type of decisions does the IAA review?
The IAA only reviews decisions to refuse to grant protection visas to fast track applicants.
What decisions can the IAA make?
The IAA can make two types of decisions. We can:
- agree with (affirm) the decision of the Minister not to grant a protection visa, or
- return (remit) the case to the Department of Home Affairs for further consideration because, for example, we find you are a refugee.
Can the IAA grant me a visa?
No. The IAA does not have the power to grant protection visas. If we find you are owed protection obligations, we will return the case to the Department of Home Affairs to decide whether you meet the other requirements for a visa to be granted.
How long does an IAA review take?
We aim to complete most reviews within 6 weeks of a case being referred to us by the Department. However, every case is different and the length of a review can depend upon a range of factors. Some cases may take longer than 6 weeks.
What are the steps in an IAA review?
When your case is referred to us from the Department, we will write to you to acknowledge the referral and explain the process.
The IAA will then consider the information given to us by the Department. In limited circumstances we may obtain new information or consider new information that you send to us.
The IAA will usually make a decision on the papers without inviting you to an interview or asking you for further information. In very limited circumstances, we may contact you to invite you to provide new information or to comment on certain new information.
The IAA will make its own assessment of your claims.
Once we have made a decision, we will notify you and provide you with our reasons for the decision.
Will I be able to explain my case to the IAA in person?
The IAA only conducts interviews with applicants in limited circumstances. Most cases are decided without an interview.
If you have new information that you think is relevant to your case, you can provide it to us in writing, although we can only consider new information in limited circumstances. For more information, see When can the IAA consider new information?
You can also give us a written submission about why you disagree with the Department’s decision and/or any claim or matter you presented to the Department that was overlooked. You can find further information about providing a submission under What is a submission?
Will the IAA contact me before it makes a decision?
Except in limited circumstances the IAA conducts its review without accepting or requesting new information and without interviewing the applicant. In most cases, the IAA will not contact you to seek information or comments before we make a decision.
Where can I find out more about the IAA?
See our Fact Sheet ‘What you need to know about the IAA’ available at http://iaa.gov.au/guidance-forms/information-for-fast-track-applicants.