The Federal Circuit Court of Australia (‘FCC’) can review decisions made under the Migrations Act 1958 (Cth). The decisions which are reviewable could be made by the Minister of Immigration, Multicultural Affairs and Border Protection (The Minister), The Refugee Review Tribunal and The Migration Review Tribunal.
The FCC can only assist with the review of a decision if it has to consider whether there has been a ‘jurisdictional error’ made in your decision. The FCC cannot consider the merits of your case and thus cannot decide whether your visa should or should not be granted. If you are successful, the Court is able to remit your case back to the previous decision maker for reconsideration as well as restrain the Minister from acting on the decision.
You must file the application at the FCC within 35 days from the date of your decision. The current filing fee is $545.00.
If you are not satisfied with your decision, please contact us to discuss your options.
