The Immigration Assessment Authority (IAA) reviews decisions to refuse a TPV or SHEV and makes a new decision whether the application should be granted or rejected.
What powers does the IAA have?
The Immigration Assessment Authority (IAA) has the power to review decisions to refuse applications for Temporary Protection Visas (subclass 795) (TPV) and Safe Haven Enterprise Visas (subclass 790) (SHEV) made under the Fast-Track visa program.
The IAA can decide whether a TPV or SHEV application should be granted or rejected.
The IAA will review all the documents that were available to the Department of Home Affairs in relation to your case and make a new decision. However, the IAA cannot take into account new information unless there are exceptional circumstances and some other requirements are met.
What is the process for having a matter heard in the IAA?
If you have applied for a TPV or SHEV and your visa has been refused by the Department of Home Affairs, your case will generally be referred automatically to the IAA. There are some exception to this so it is important to read your visa refusal decision and letter carefully as this will advise you if your case has been automatically referred.
The IAA will then notify you that your application has been referred for an IAA appeal. You will have 21 days from the date of referral to provide any information to the IAA.
Generally the IAA makes a decision based on all the written information and documents you have provided. It is unlikely that you will have another hearing or interview for your TPV or SHEV at the IAA stage although in some cases a hearing is scheduled.
The IAA can make a decision on your case 21 days after the case has been referred to the IAA.
What is an IAA appeal?
During an IAA appeal, the IAA will review all the information and documents you have provided to both the Department of Home Affairs and the IAA in relation to your case and make a new decision on your case.
The IAA cannot take into account new information unless there are exceptional circumstances and some other requirements are met. New information is generally information that you could have provided to the Department of Home Affairs, but did not.
After an IAA appeal, the IAA can decide whether your TPV or SHEV application should be granted or rejected. If the IAA makes a negative decision, this can be appealed to the Federal Circuit Court.
If you have received a referral for an IAA appeal, we recommend that you seek legal advice about what information or documents you should submit.
