Federal Circuit Court and Federal Court – Judicial Review
Federal Circuit Court
Jurisdiction
The Federal Circuit Court has the power to review decisions made by administrative bodies, such as the Administrative Appeals Tribunal (AAT), related to migration and visa matters. This includes decisions regarding visa refusals, visa cancellations, and other migration-related decisions.
Judicial Review
The Federal Circuit Court conducts judicial reviews to assess the legality and validity of administrative decisions. The court reviews the decision-making process to determine if it was fair, lawful, and made in accordance with the applicable laws and regulations.
Application for Review
To seek judicial review at the Federal Circuit Court, you typically need to lodge an application within the prescribed time limits and pay the required fees. It’s advisable to seek legal advice or representation from an immigration lawyer to guide you through the process.
Hearing and Decision
The Federal Circuit Court will schedule a hearing where both parties present their arguments and evidence. After considering the submissions, the court will make a decision regarding the legality and validity of the administrative decision. The court may affirm the decision, set it aside, or remit it back to the original decision-maker for reconsideration.
Federal Court
Jurisdiction
The Federal Court has jurisdiction over various matters, including judicial reviews of decisions made under Commonwealth legislation, such as the Migration Act 1958. It can review decisions made by administrative bodies like the AAT.
Judicial Review
The Federal Court conducts judicial reviews to assess the legality, validity, and reasonableness of administrative decisions. It reviews the decision-making process to ensure it was fair, lawful, and consistent with the applicable laws and regulations.
Application for Review
To seek judicial review at the Federal Court, you generally need to lodge an application within the specified time frames and pay the required fees. It’s advisable to seek legal representation from an immigration lawyer or solicitor experienced in administrative law.
Hearing and Decision
The Federal Court will hold a hearing where both parties present their arguments and evidence. After considering the submissions, the court will make a decision regarding the legality and validity of the administrative decision. The court may affirm the decision, set it aside, or remit it back to the original decision-maker for reconsideration.