What You Need to Know About Judicial Review at the Federal Circuit Court
A judicial review at the Federal Circuit Court (FCC), Federal Court of Australia (FCA) and High Court of Australia involves a court examining whether a decision made by the decision-maker is legal and whether the official has the authority to make that decision.
What is Judicial Review?
Judicial review also assesses if the decision was made fairly, without any legal errors or relevant information being overlooked. Importantly, the court does not evaluate the merits of the decision itself. Instead, judicial review allows individuals who feel wronged by an administrative decision—be it a refusal to act, a failure to make a decision, or any inaction—to challenge the legality of that decision in court.
The court's role is not to decide if the decision was the "right" one; rather, it focuses on whether the decision is lawful—meaning it falls within the powers granted to the decision-maker.
If the court determines that the decision was unlawful, it has the authority to overturn it. In most cases, the court will then send the matter back to the original decision-maker to reconsider the decision appropriately. Overall, judicial review is a complex and specialized area of law that requires careful navigation.
What are the Grounds for Judicial Review?
The Judicial review may be sought on several grounds, which generally fall under the following:
An error of law occurs when the decision-maker misunderstands or misapplies the law relevant to the case, leading to an incorrect decision.
Every individual has the right to fair treatment in decision-making processes. If a decision is made without proper consideration of their circumstances, it may breach procedural fairness.
If the decision-maker acts outside of their legal authority or jurisdiction, the decision can be challenged. This means that the individual did not have the necessary power to make that decision.
If an authority's decision is considered so unreasonable that no reasonable person would have reached that conclusion, there may be grounds for judicial review.
What Types of Decisions Can be Appealed?
You can appeal a decision made by:
A case officer from the Department of Home Affairs (DoHA)
The Minister of Immigration
An Australian court
What Happens after the Decision?
If the court finds in favour of the applicant, the visa will then be remitted back to the decision-maker for reconsideration. However, if the application is dismissed, there may be opportunities for appeal with Ministerial Intervention.
How Can Agape Henry Crux Help
If you wish to appeal for a visa cancellation or refusal from DoHA or ART to the FCC, we highly suggest you seek professional advice and assistance. At Agape Henry Crux, one of our Accredited Specialists in Immigration Law works with our team of immigration lawyers and registered migration agents who specialise in handling highly complex matters such as these. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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