How do I Appeal My Visa Matter to Federal Circuit and Family Court of Australia (FCFCOA)? | Migration Appeals
Australian migration law regulates the entry and stay of non-citizens in Australia. The two key sources of migration law include:
Australian Citizenship Act 2007 (Cth): Issues related to citizenship
What types of decisions can the Federal Circuit and Family Court of Australia (FCFCOA) review?
The Federal Circuit and Family Court of Australia (FCFCOA) has jurisdiction to review certain decisions made under the Migration Act 1958. These include the decisions made by the Administrative Review Tribunal (ART) and the Minister for Immigration and Multicultural Affairs.
What FCFCOA Can Do?
The Federal Circuit and Family Court of Australia (FCFCOA) can:
Assess whether a legal mistake occurred.
Address "questions of law" or jurisdictional errors, such as:
Failing to adopt a fair process.
Misidentifying the relevant issue.
Ignoring required materials.
Incorrectly interpreting or applying the law.
Making unreasonable decisions.
Are there limitations on what FCFCOA can do?
In migration proceedings, the Federal Court cannot decide whether a visa should be granted or cancelled. The focus is solely on whether the original decision-maker made a legal mistake.
What are the Steps to Initiate an Appeal?
Consult a Lawyer: Before taking any further action, consult an Accredited Specialist in Immigration Law who is experienced in migration law.
Evaluate Grounds for Appeal: Work with your lawyer to identify whether there are valid grounds for your appeal.
Prepare Your Notice of Appeal: It is best that your representative drafts your Notice of Appeal, as this process is technical and complex. Its purpose is to outline the legal errors you believe occurred.
File Your Appeal: Submit your Notice of Appeal to the FCFCOA and the appropriate fees.
Can I Appeal an FCFCOA Order?
If you believe the judge in FCFCOA made a legal error in your migration review, you can appeal to the Federal Court of Australia to have the decision set aside.
If your appeal is successful, the Minister may choose to appeal the decision, in which case you will become the respondent in that appeal.
What are the Jurisdictions of the Federal Court?
The Federal Court has both appellate and original jurisdiction concerning migration matters.
Appellate Jurisdiction
The Federal Court generally hears:
Appeals from final decisions made by the Federal Circuit and Family Court.
Applications for leave to appeal from interlocutory decisions.
Applications for an extension of time to appeal.
Original Jurisdiction
Certain migration applications can be initiated in the Federal Court, particularly concerning decisions made on character grounds or regarding removing non-citizens sentenced to over 12 months for criminal offences.
How Can Agape Henry Crux Help
The appeal process requires constructing a technical and challenging for an applicant, it is best that you contact Agape Henry Crux for our Accredited Specialist Immigration Lawyer(s). The team of immigration lawyers specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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