The Federal Circuit Court can review administrative decisions, including those made by:
- The Minister for Immigration and Border Protection (the Minister)
- The Administrative Appeals Tribunal
- The Immigration Assessment Authority (IAA).
The Federal Circuit Court can review decisions, including those made in relation to:
The court’s role is one of ‘judicial review’, to determine if a ‘jurisdictional error’ has been made.
Examples of jurisdictional error include the decision-maker:
- not adopting a fair process in making the decision;
- ignoring materials that the decision-maker was required to look at;
- relying on materials the decision-maker should not have looked at;
- incorrectly interpreting or applying the law;
- reaching a decision that is unreasonable; or that was not reasonably open on the materials.
Our advice to potential applicants is as follows:
If you are unhappy with a decision or if you believe a jurisdictional error has been made you should seek legal advice before filing a review application and you should do so as soon as possible. Why? Because it has to be done within 35 days of the date of the migration decision. (The Court may extend the time limit in certain cases ). If you are unsure – ask us!
The Court will require you to apply for the review and thoroughly prepare for the review. The Court has its own forms, rules and procedures which it expects you, as the applicant, to follow. It also expects you to know the law (including decided cases) and be able to argue points of law.
Our services, from the start to the end of the review will include the following:
- identifying the jurisdictional error(s) necessary for a valid application for review
- preparing an affidavit which explains all the relevant facts and circumstances relating to the alleged error.
- filing and serving your application and supporting documents with the Court and Minister.
- attending all court hearings and complying with any orders and directions of the Court.
preparing and presenting your arguments in Court and addressing the Court on issues raised by the Court during hearings.
WHY US? You must be mindful that the Minister will usually be represented by a lawyer.
We are lawyers, we know the law: we can analyse facts and relate them to the law. We know the complex legal issues relating to reviews on migration and citizenship and we appear in all Courts. If you are unsure if you need a lawyer– The first appointment is free, ask us!