Federal Circuit Court
At AK Migration Services, we assist clients with migration matters involving the Federal Circuit and Family Court of Australia. Our experienced migration professionals can help you understand the judicial review process, assess your circumstances and prepare the relevant documentation for your matter.
At AK Migration & Visa Service, we have a team of highly experienced registered migration agents who provide services to the clients throughout the world who want to apply for Australian migration visas.
Migration Judicial Review
The Federal Circuit and Family Court of Australia can review certain migration decisions where there may have been a legal or jurisdictional error. Judicial review is different from a merits review. The Court does not simply reconsider whether the visa decision was the right decision; instead, it considers whether the decision was made according to the law.
What Can the Court Review?
The Federal Circuit and Family Court of Australia can review certain migration decisions where there may have been a legal or jurisdictional error. The Court does not reconsider the merits of a visa decision. Instead, it considers whether the decision was made according to the law and within the decision-maker’s legal authority.
- The correct law was applied to the decision.
- Relevant matters were properly considered.
- Irrelevant matters were relied upon.
- Procedural fairness was provided.
- The decision-maker acted within their legal authority.
- The decision was affected by a jurisdictional error.
What Can the Court Do?
- Review certain migration decisions
- Identify legal or jurisdictional errors
- Consider whether procedural fairness was provided
- Set aside a decision where legally appropriate
- Return the matter to the relevant decision-maker for reconsideration
What Happens If an Error Is Found?
Court Orders and Reconsideration
If the Court finds that a migration decision was affected by a jurisdictional or legal error, it may make appropriate orders under the law. In some circumstances, the decision may be set aside and the matter may be returned to the relevant decision-maker for reconsideration.
What the Court Cannot Do
The Court does not generally decide whether a visa should be granted or refused on its merits. Judicial review focuses on whether the decision was made lawfully and whether the decision-maker acted within their legal authority.
The Court’s role is to examine the legality of the decision-making process rather than replace the original decision with its own view. If a legal or jurisdictional error is identified, the matter may be returned to the relevant decision-maker for reconsideration in accordance with the law.
Important Time Limits
Migration judicial review matters can be subject to strict time limits. In many cases, an application to the Federal Circuit and Family Court of Australia must be filed within 35 days from the date of the relevant migration decision.
If an application is filed after the 35-day period, the applicant may need to explain the delay and request an extension of time. The Court will consider whether an extension should be granted in accordance with the law.
How AK Migration Services Can Help
Migration judicial review can involve complex legal and procedural requirements. At AK Migration Services, we can help you understand the review process, identify the documents relevant to your matter and guide you through the preparation of your application.
- Review your migration decision and circumstances
- Review your migration decision and circumstances
- Help identify relevant documents and information
- Assist with preparing your application
- Guide you through the required steps and procedures