Federal Circuit Court Appeal

If the AAT decision is not in your favour, you may be able to appeal further to the Federal Circuit Court.

When can you appeal to the FCC?

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.

What is a jurisdictional error?

“Jurisdictional error” means a decision was not made according to the law.

For example, the Court will consider whether the AAT

  • Failed to provide procedural fairness to a visa applicant
  • Failed to accurately interpret the meaning of relevant law(s)
  • Provided a biased decision
  • Omitted facts that should have been considered within the legal requirements

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.

What is the time limit for 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.

What is the difference between appealling to the FCC and AAT?

The main difference is that:

  • The AAT will reconsider the merits of your application, any new or existing fact or evidences in your visa application.
  • The court will only examine whether there was a jurisdictional error in the AAT hearing.

What are the possible outcomes of appealing to the FCC?

If the Court finds that a jurisdictional error occurred in your AAT,

The court can:
  • refer your case back to the decision maker, and
  • prevent the Minister from acting on the decision.
The court cannot:
  • reconsider the facts and reasons for your visa application
  • take new factual information into account (unless it is relevant to a question of whether the decision maker made a jurisdictional error), or
  • grant you a visa

What happens if you are not satisfied with the decision made by the FCC?

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.

How do you appeal to the High Court of Australia?

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.

Send us a message

We are here to help