Matters in the Federal Court

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Matters in the Federal Court

JUDICIAL REVIEW-The Court may only review a decision in order to determine if a ‘jurisdictional error’ has been made. This means the Court determines if the decision has been made according to law. The Court is independent of the decision makers. The Court does not consider the merits of your application and whether you should or should not be granted a visa. If the Court finds a jurisdictional error, it can refer your case back to the decision maker and prevent the Minister from acting on the decision.

FEDERAL CIRCUIT COURT

The Federal Circuit Court of Australia (the Court) can review some decisions made under the Migration Act 1958. These include decisions made by the Minister for Immigration and Border Protection (the Minister), the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA).

The people responsible for making decisions under the Migration Act include the Minister and the Members of the AAT and IAA (the decision makers). These decision makers look at the merits of your application and whether you should or should not be granted a visa. Please note we do not provide Federal Court services and only provide services when your visa has been refused and would like to appeal it at the AAT.

 

JUDICIAL REVIEW

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

If the Court finds a jurisdictional error, it can refer your case back to the decision maker and prevent the Minister from acting on the decision and The Court cannot reconsider the facts and reasons for your visa application and take new factual information into account or grant you a visa.

Application

If you are unhappy with the decision, you may apply to the Court if you believe a jurisdictional error has been made. You should seek legal advice before filing an application.

CONFIDENTIALITY

Court hearings are open to the public. In certain circumstances a closed hearing may be ordered. If your case involves a protection visa decision, the Court is not allowed to publish your identity.

TIME LIMITS

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.

COURT HEARINGS

The Court will allocate a time and date for your hearing. On the first court date the Court may give orders and directions for an immediate hearing, second or final hearing date, stay or interim (temporary) orders, the filing of amended or further documents.

If the Court orders an immediate or a second hearing before a final hearing, the Court may require you to show that you have an arguable case. If you cannot show that you have an arguable case the Court may dismiss your application without a final hearing. At each court hearing the Court will give you an opportunity to address the issues related to your case. The Minister will usually be represented by a lawyer, and you or your lawyer will have the opportunity to respond to what is said in court.

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