Federal Circuit Court

Federal Circuit Court

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Federal Circuit Court

The Federal Circuit Court of Australia can review some decisions made under the Migration Act 1958. These include decisions made by the Minister for Immigration and Border Protection, the Administrative Appeals Tribunal, and the Immigration Assessment Authority. These decision makers look at the merits of your application and whether you should or should not be granted a visa.

JUDICIAL REVIEW:

The Court determines if the decision has been made according to law. The Court is independent of the decision makers. The Court does not consider the merits of your application and whether you should or should not be granted a visa.

If the Court finds a jurisdictional error, it 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 information into account, or grant you a visa.