If you have had a visa refused by the Migration Review Tribunal (MRT) or the Refugee Review Tribunal (RRT) or the Administrative Appeals Tribunal (AAT) and you want to explore your review options you should contact us immediately.
MRT, RRT and AAT can be appealed to the Federal Magistrates Court, this is known as ‘judicial review’. Judicial review applications are only successful if the federal magistrate finds that the Tribunal made an error of law. What constitutes an error is a complex issue and is not always obvious on the decision record. We encourage you seek advice from one of our specialist immigration lawyers to discuss your judicial review options and likelihood of success.
Federal Magistrate court decisions are also appealable to the Full Federal Court and there are also avenues of appeal to the High Court of Australia of FFC decisions and primary decisions made by the Department.
Our office has had made many successful appeals to the Federal Magistrates Court, Full Federal Court and the High court of Australia.
There are very strict time limits for judicial review so you should consult us as soon as possible. If the court decides in your favour your case will be returned to the relevant Tribunal for reconsideration.