Merits & Judicial Review

Merits and Judicial Review

MERITS REVIEW

If you have been refused or cancelled a visa by the Department of Home Affairs you may have grounds to lodge an application to the Administrative Appeals Tribunal (AAT).

It is imperative you ensure that you have proper grounds before lodging an application to the AAT.

Any review application to the ATT must be lodged within the prescribed statutory time limits and it is crucial that you adhere to the time limits imposed.

In certain circumstances, you may be able to make an application out of time.

The application to the AAT must be submitted in the prescribed form, along with the required fee and should be accompanied with the required documents.

JUDICIAL REVIEW

If your application has been refused at the AAT, you may have grounds to lodge an application to the Federal Court or the Federal Circuit Court.

The original jurisdiction of the Federal Court is limited by the Migration Act and most initial applications will be heard by the Federal Circuit Court.

The Federal Court will only have jurisdiction in matters relating to a migration decision if:

the Federal Circuit Court transfers a proceeding to the Federal Court under s 39 of the Federal Circuit Court of Australia Act 1999 (Cth);

the decision is a "privative clause decision" or "purported privative clause decision" of the Administrative Appeals Tribunal (AAT) on review under s 500 of the Migration Act

Any Application must be accompanied by a signed Affidavit, the Decision Record as an exhibit and passport of the Applicant.

Once a valid application has been submitted at the Federal Circuit Court, it is crucial that a relevant Bridging Visa application is also submitted with the Department of Home Affairs. If you do not lodge a Bridging Visa you run the risk of becoming unlawful.