Our experienced team will guide you through the appeal process, working closely with a Barrister to ensure your case is handled with care and expertise.
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For a Judicial Review application to succeed, the court needs to be convinced that an error of law has been made in relation to the decision under consideration. If the court determines that a jurisdictional error has indeed taken place, the application may be successful.
If you believe there has been a Jurisdictional Error in your matter, you can appeal the decision by applying to the Federal Circuit Court (FCC). If you are dissatisfied with the FCC’s decision, you can further Appeal to the Federal Court and eventually to the High Court of Australia. If the court determines that a jurisdictional error occurred, it can declare the original decision null and void. As a result, the matter will be returned to the original decision-maker for reconsideration based on the court’s instructions.
Our experienced immigration specialists can make all the difference, talk to us about your matter with ease and let us assist you in navigating to a successful outcome.
The typical legal challenge or appeal occurs when an applicant challenges the Administrative Appeals Tribunal’s decision after their initial decision has been upheld. This happens when the Tribunal agrees with the Department of Home Affairs (DOHA) decision. If applicants believe that the tribunal made a jurisdictional error in revaluating their matter, they can appeal this decision. In such situations, they can submit an application to the Federal Circuit and Family Court of Australia (FCFCA)in order to invalidate the Tribunal’s decision and request a fresh decision that is free from jurisdictional errors.
An infrequent type of appeal occurs when applicants choose to appeal to the Federal Court of Australia instead of the Federal Circuit Court of Australia. This is necessary in specific situations, such as when the Minister or Assistant Minister of Immigration personally makes a decision to deny, revoke, or not intervene in a matter. Additionally, it is possible to submit an appeal application when a judge in the Federal Court of Australia (FCA) renders a decision that is believed to be influenced by jurisdictional or immigration errors.
Our experienced team can assist you with the appeal process and work closely with a Barrister to represent your matter in the Federal Court of Australia (FCA) and provide valuable guidance through the judicial review process.
Our experienced team will guide you through the appeal process, working closely with a Barrister to ensure your case is handled with care and expertise.
We acknowledge the Traditional Custodians of the land on which we work, their ongoing connection to this land and we pay our respects to their culture and their Elders past, present and emerging.