Federal Court

Federal Court (Appeal Application)

The Federal Circuit Court of Australia (the Court) can review some decisions made under the Migration Act 1958.   An appeal to the Federal Court (FC) for judicial review is generally the next possible option if an appeal to the AAT has been unsuccessful and where a “jurisdictional error” has occurred. Applications that a Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister), the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA).

Who can apply?

You may apply to the Court if you believe a jurisdictional error has been made at Administrative Appeal Tribunal (AAT). 

What is Judicial review?

The Court may only review a migration decision in order to determine if a ‘jurisdictional error’ has been made. The Court is independent of the decision makers and determines if the decision has been made according to law.  The Court does not consider the merits of your application or if the visa should be granted. 

What happens if the courts finds that a “jurisdictional error” has occurred?

The appeal will be referred back to the decision make and prevent the Minister from acting on the decision.

The Court DOES NOT :

  1. Grant a visa
  2. Take new factual information into account; and
  3. Re-examine the facts and reasons for your visa application

What are the time limits in applying for FCC appeal?

You must file an application for review within 35 days of the date of the migration decision. The Court may extend the time limit. If you require a time extension, you must ask for it in the application and explain why. The Court will decide whether to grant an extension of time.

 

Due to the volume of cases that the Federal Court receives, matters may also be redirected to the Federal Circuit Court (FCC) for review.

Strict time lines apply, so it is vital to get legal advice and taken action quick.

Want to know if you are eligible to lodge a FCC application? Contact us on 1300 015 592

 Or email arnela@directmigrationexperts.com.au