Migration Judicial Review

Some challenges to unsuccessful visa applications can be heard by the Administrative Appeals Tribunal (AAT), but other categories are required to go through a Judicial Review process. Furthermore, under certain circumstances, an unsuccessful AAT matter mat have grounds to be escalated to a judicial review at the Federal Circuit Court.

An application to the Federal Circuit Court must be filed within strict time limits of the migration decision. However, an extension of time can be granted in certain circumstances.

The Judge at the Federal Circuit Court will not consider the merits of your case, or decide whether you should granted a visa. The Court will only consider if there has been “jurisdictional error” which is an error of law in the decision-making process. Only the existing evidence will be considered. New evidence is generally not permitted to be introduced.

If the Court finds that jurisdictional error has occurred, it has the authority to refer your application back to the preceding decision-maker (the AAT or Department of Home Affairs), and can prevent the Minister from acting on the decision.

Appealing to the Federal Circuit Court generally means appointing lawyers to represent you at the Court. The issues can often be complex with many technicalities, and you should seek advice as soon as possible.

At Obvia Legal, we can assist and advise you on all aspects of the judicial review process. Contact us now for considered advice about your judicial review options.