Appeal to the Federal Circuit Court (FCC Appeal)

Was your immigration matter unsuccessful at the AAT? You can appeal to the FCC

Speak with one of our expert immigration lawyers regarding Judicial Review Today…

FCC APPEAL – APPEALING TO THE FCC AFTER A VISA REFUSAL

If your visa refusal or cancellation is “affirmed” by the AAT, it means that the AAT agrees that your visa application should have been refused or your visa should have been cancelled. If this is the case, you may be able to lodge a further appeal. The most likely option would be an appeal to the FCC or the Federal Circuit Court .

Call 1300 320 300 Claim your consultation

The FCC

The Federal Circuit Court of Australia (the Court) can review some decisions made under the Migration Act 1958. These include decisions made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister), the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA).

The people responsible for making decisions under the Migration Act include the Minister and the Members of the AAT and IAA (the decision makers). These decision makers look at the merits of your application and whether you should or should not be granted a visa.

Time Limits

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.

If the appeal is not lodged within this timeframe, you would in general lose your right to review.

Claim your consultation

FCC Appeal – Process

You need to file your application and supporting documents with the Court. You can file court documents in person, by mail, or in certain circumstances by fax or email.

You must pay a fee when you file your application and another fee for the final hearing. Some exemptions apply where you may not need to pay a fee.

FCC Appeal – The Hearing

The Court will allocate a time and date for your hearing. On the first court date the Court may give orders and directions for:

  • an immediate hearing
  • a second or final hearing date
  • a stay or interim (temporary) orders
  • the filing of amended or further documents.

If the Court orders an immediate or a second hearing before a final hearing, the Court may require you to show that you have an arguable case. If you cannot show that you have an arguable case the Court may dismiss your application without a final hearing.

At each court hearing the Court will give you an opportunity to address the issues related to your case. If you have a lawyer they will speak for you. The Minister will usually be represented by a lawyer, and you or your lawyer will have the opportunity to respond to what is said in court.

Claim your consultation

FCC Appeal – The Decision

The Court often announces its decision at the end of the final hearing. If not, you will be notified of the date the Court will announce its decision.

Unless the Court excuses you from attending, you must attend court whenever there is a hearing. If you fail to attend a hearing, the Court may dismiss your application in your absence and award costs against you.

SPEAK WITH ONE OF OUR IMMIGRATION LAWYERS TO GET MORE HELP WITH FCC APPEAL

Contact Us Today

Helping People Just Like You

What matters to us most is what our clients have to say about their experience once everything has been resolved. Below are some of the messages we have received from people we’ve represented.

Bastian Alarcón Vergara
Bastian Alarcón V.
I was very satisfied with these guys and how my visa application was handled. We started the process early on together with my sponsor to make sure we had enough time to sort out all the required documents for the application. It only took 6 weeks from the date we applied to get my 482 Skilled Shortage Visa granted which was much quicker than I was expecting. Highly recommended.read more
Ezequiel López Casa
Ezequiel López C.
These Lawyers are fantastic! A special thank you to Kiri. I applied for my partner visa in June 2021 and we were approved January 2022. Kiri and the team at Gold Migration Lawyers were very helpful and down to earth. They made the process very easy. I definitely recommend!read more
Brendon Vuntarde
Brendon V.
Gold Migration have been a pleasure to work with from the day we submitted our application for Partner Visa back in February 2020. They have been very proactive in keeping us up to date and also ensuring that my wife and I had all the information we needed.We both highly recommend Gold Migration Lawyers as they are very good at what they do and are a pleasure to work with.read more
SP Rebrov
SP R.
Most importantly, delivered a positive outcome for my 866 application. Highly recommend the service to anyone seeking protection in Australia.
Kasturi Vijayan
Kasturi V.
Gold migration are one of the best lawyers we have ever dealt with. We were in the verge of loosing hope with my husbands 461 visa and they took over the case and among all other lawyers they were the only ones that gave us positive reinforcement. It is a glorious end when my husband got the visa granted this morning after weeks of sleepless night and having so much uncertainty. I can’t thank gold migration lawyers enough for all the work they have done in this process. I would highly recommend them for any of your legal needs. Andreas you are amazing as well as all your team you work with, can’t thank you guys enough.read more
Johan Mitchell
Johan M.
I received the first stage of my partner visa in <11 months. Great service.
ngoo wei kang
ngoo wei K.
got my visa granted in very short time, very professional and efficiency lawyer, highly recommended.
John Langdon
John L.
If you are looking for professionals who take pride in their work and strive for the best possible outcome, look no further than Gold Migration.They have helped me and my partner obtain a PMV visa in 6 months, a process than can take up 28 months, so the calibre of their standard speaks for itself, I would like to thank you all so much for all of your efforts.read more
Jayden Fisher
Jayden F.
Thank you so much to the team at gold migration for your amazing work, quick responses and professionalism. Without your help I don’t know where we would be right now!Honestly cannot thank you all enough. You’ve made these tough times a lot easier and the future for me and my fiancée much brighter!read more

FCC Appeal – frequently asked questions

If my visa refusal was affirmed by the AAT, how long do I have to appeal to the Federal Circuit Court (FCC)?

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

How do I file an FCC appeal?

You need to file your application and supporting documents with the Court. You can file court documents in person, by mail, or in certain circumstances by fax or email.

Must I attend the Court hearing?

Unless the Court excuses you from attending, you must attend court whenever there is a hearing. If you fail to attend a hearing, the Court may dismiss your application in your absence and award costs against you.

What does the FCC do?

The Court can consider whether a legal mistake has been made by the decision-maker. Examples of jurisdictional errors include identifying a wrong issue, ignoring materials the AAT was required to look at, whether the law was incorrectly interpreted etc.

What happens after I file an application?

After filing your application, the Court registry will give you a document stating the date of your directions hearing (your first hearing date). You may need to apply for a Bridging visa as the Bridging visa you may have been granted when you last applied for the substantive visa expired 35 days after the AAT Decision was made.

Can the FCC grant my visa?

The FCC cannot review the merits of the AAT’s decision or grant you the visa you seek. The role of the FCC is to determine if the Tribunal made a material error in arriving at the decision it arrived