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 .

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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.

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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.

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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

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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.

Daniel White
Daniel W.
In my view these guys are legends, and they are the best migration law firm in Australia. I consulted 5 other migration firms and none of them could match the expertise of Gold Migration Lawyers. If you have a complex application, go to Gold Migration!read more
Salim Muhammed
Salim M.
Good people and they know the rules back to front. They gave me friendly service and good result.
Cherry Lau
Cherry L.
They are the BEST immigration lawyers in Australia. Highly recommended if you can afford them 🙂
Angela Parker
Angela P.
We hired Gold Migration Lawyers to assist us with our partner visa application. At the time the department’s processing time was over 24 months. GML lodged our application and it got approved in 4 months. We are extremely happy with the outcome as I know people who have been waiting for years for their partner visa. I highly recommend Gold Migration Lawyers. The team is amazing!read more
KA CHUN UY
KA CHUN U.
I am very grateful to the lawyer Peter Peng. Although my case is very troublesome, he was very patient to help me solve it step by step. At that time, I only had 20 days to provide supplementary information from the Immigration. I found this law firm, the owner, Ramtin.  He is very confidence and professional also made me full of confidence in him. They added different viewpoints and legal opinions in the explanation letter, which successfully made the immigration officer accept my explanation.  The next day after submitting the information, the Immigration officer immediately accepted my explanation and asked me to have a medical examination.It took two months to successfully get the Partner(820) VISA, I am very grateful to them  I highly recommend this law firm , they are really pro and they can help you slove any problem.read more
Bibi Mon
Bibi M.
I went to these lawyers trusting them they will be able to organise my permanent residency. I was a little worried with how much it costs but in the end I have to say they went above and beyond my expectations, they were worth every cent. I would like to mention and thank my lawyer Peter who looked after my case, very professional through the whole process. Gold immigration lawyers are the “gold” standard.read more
Ignacio Falcon
Ignacio F.
Amazing team of lawyers! Peter was extremely helpful and offered detailed guidance throughout the whole process. I highly recommend their services
Mauricio G Guerra
Mauricio G G.
Exceeded my expectations, good communication, very professional!
Leo Donnelly
Leo D.
They made the process very smooth, always there to answer my calls and give professional help even to the most minor detail.I felt like I was treated like family.Visa was processed very quickly and I would recommend them to anyone who would like assistance with the Visa application.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

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