AAT appeal failed? FCC may be another chance for your visa!
What can I do if my AAT appeal failed?
Make an application to the Federal Circuit Court within time limit:
- The Federal Circuit Court may only review a decision to determine if a ‘jurisdictional error’ has been made
- The Court cannot reconsider the facts and reasons for visa application
- The Court cannot take new factual information into account (unless relevant to jurisdictional error)
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
- Made a mistake in the way the law is understood
- 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 recommend that you seek professional advice from our experienced immigration lawyers to assess whether a jurisdictional error has been made in your case and the prospects of appealing to the FCC.
You don’t have to take no for an answer.
Frequently Asked Questions
What is the time limit for Federal Circuit Court application?
You must file an application for review within 35 days of the date of the migration decision.
The Court may extend the time limit. If you require a time extension, you must ask for it in the application and explain why. The Court will decide whether to grant an extension of time.
Will the court reconsider the factual information of my case?
No.
The Court does not consider the merits of your application and whether you should or should not be granted a visa.
What are the possible outcomes of appealing to the Federal Circuit Court?
If the Court finds that a jurisdictional error occurred in the 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
If the Federal Circuit Court decides that jurisdictional error exists in the AAT decision, will the Court grant me a visa?
No.
The Court will refer your case back to the decision maker.
What happens If I am not satisfied with the decision made by the Federal Circuit Court?
You may continue to appeal to the Federal Court of Australia (FCA) and High Court of Australia (HCA). Generally, this is a long process which requires greater costs and effort. We advise that you seek for professional advice from our experienced immigration lawyers to assist you in this matter.
How do I appeal to the High Court of Australia?
The High Court of Australia is the highest court in the Australia judicial system. If you wish to appeal to the High Court of Australia, you are required to file a special leave application. Your visa application will only be reviewed by the High Court of Australia if your special leave application is approved.
Don’t wait. Don’t hesitate.
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