Federal Court Appeals Applications

If you are unsuccessful at the AAT we can take your case to the courts.

Has your visa application been refused and you were unsuccessful at the AAT review tribunal due to a legal error by the AAT Tribunal? Australian law allows unsuccessful visa applicants in these cases to take their matters to the Federal Circuit Court, Federal Court, or other courts to seek a court order that the AAT re-hear their case.

Taking an immigration matter to the courts is a serious matter, as applicants who are unsuccessful at the courts in these circumstances can have cost orders for many thousands of dollars imposed on them.

We can assess your circumstances and your AAT decision to determine your best options and provide an opinion on whether the AAT may have made a legal error in your case that would meet the threshold of what can successfully be argued at the Federal Courts.

We will represent you and your matter in the courts and present the strongest, most effective legal arguments and evidence we can create for your case. In many cases you do not need to attend any of the court hearings yourself if you do not wish to.

The biggest mistake many applicants make if they represent themselves in the courts on immigration matters is thinking that court is another opportunity to make arguments about why they meet the requirements of the particular visa or citizenship application, similar to the AAT. In fact, the courts are prohibited by law from considering these sorts of arguments, and can only focus on what is called in legal terms “jurisdictional error”, which basically means a legal error. If we can show that the AAT has made a legal error, even what may seem like a small error, that can result in the Federal Court ordering the AAT to reconsider the case and provide an opportunity for a new hearing for the applicant.

Your visa status: Persons who apply for appeal to the courts must apply for a new bridging visa, and work rights may or may not be available for that visa.

If your visa or citizenship refusal review has been declined by the AAT, there are strict time limits on how long you may remain in Australia if you do not file your appeal to the courts. Contact us immediately if you are interested in exploring your options for appealing to the courts and we’ll be happy to discuss your case and determine your available options.