Federal Circuit Court

Was your immigration matter unsuccessful at the AAT?

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

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 Federal Circuit Court (FCC).

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

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.

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

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 Appeal To The Federal Circuit Court (FCC)

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.

Lach S
Lach S
We get our visa in record time Could not believe it. Immigration says 2 years and they get it in weeks. Mr andreas is very amazing man and me and family owe you and gold lawyers forever
Asmita Karki
Asmita K.
Thank you for Great service.Got Visa in very short period.The team was helpful all the way from start till visa grant.
The EM Fam
The EM F.
I am very pleased with these Migration Lawyers!I got both my Temporary and Permanent through them in a breeze! If you need your visas accepted go to them.They are the best!! Thank you!!
Gerlyn Oliva
Gerlyn O.
I came to Gold Migration lawyers few months ago distraught about my application for permanent residency.It was over 3 years ago since I have applied for my PR and still did not receive any approval. Gold migration gave me assurance that they will facilitate and follow up with the department. They were very detailed and precise with their advise. All requirements and paperworks were tripple checked by them before its submitted to the department.Very prompt in answering all queries and overall very happy with their service.I recieve my Permanent Residency today and I am extremely grateful for this fantastic Lawyers who made my dreams come true after few years of stressing and worrying about my status in Australia..Thank again Peter and your team for helping me..Will definitely recommend your firm to everyone I know whose struggling with their migration process.read more
Daniel Markos
Daniel M.
Best team of migration agents and lawyersAndreas helped me get my citizenship very fast .10 out of 10 thann you so so much
King Kaif
King K.
Thank you Andreas and team. The best law firm in town. i would highly recommend them for any migration n citizenship services. They were very prompt in following up with paper work for my citizenship which was complicated case. would rate them above 5 starsread more
Michael Gianoulias
Michael G.
Helped with my visa. Andreas is the best Greek agent in melbourne
tynal chruy
tynal C.
Very responsive and walked me through each steps along for the whole process.
Harry Milonakis
Harry M.
I wish I could give more than 5 stars. They are the best lawyers in Melbourne city. Andreas and Ramtin helped me so much and I couldn't have asked for a better service. Thank you so much and I will be recommending you to everyone I come across.read more

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