Migration Judicial Review
Some challenges to visa refusals or cancellations 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 may have grounds to be escalated to the Federal Circuit Court.
The Judge at the Federal Circuit Court will only consider if there has been an error of law in the decision-making process, known as “jurisdictional error.” 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 may refer your application back to the AAT or Department of Home Affairs). It will prevent further action from being taken by the Minister based on the initial visa refusal or cancellation.
Lodging an appeal to the Federal Circuit Court usually requires appointing lawyers to represent you at the Court. The issues can often be complex with many legal and regulatory technicalities.
At Obvia Legal, we can assist and advise you on the judicial review process. Please contact us now to determine how we may assist you.