If the AAT decision is not in your favour, you may be able to appeal further to the Federal Circuit Court.
Please note that you may not be eligible to appeal to the Federal Circuit Court of Australia (FCC) if you are merely dissatisfied with the decision made by the AAT.
You may only appeal to the FCC if jurisdictional error occurred in the AAT. You should seek legal advice before taking this step.
“Jurisdictional error” means a decision was not made according to the law.
For example, the Court will consider whether the AAT
Due to the complexity of an appeal to the FCC, we strongly advise that you seek professional advice from our experienced Immigration Lawyer to assess whether a jurisdictional error existed in your case and the prospects of appealing to the FCC.
Generally you must file an application to the FCC within 35 days of the date of the migration decision. If you require an extension, you must ask for it in the application and explain the reason.
The main difference is that:
If the Court finds that a jurisdictional error occurred in your AAT,
You may continue to appeal to the Federal Court of Australia (FCA) and High Court of Australia (HC). Generally, this is a long process which requires greater costs and effort. We advise that you seek for professional advice from our experienced Immigration Lawyer to assist you in this matter.
The High Court of Australia is the highest ranking court in Australia. If you wish to appeal to the High Court of Australia, you are required to apply for special consideration. Your visa application will only be reviewed by the High Court of Australia if your special consideration is approved.