Is your AAT review unsuccessful? Can you apply for Judicial review?

For many people, the visa refusal can be devastating, especially when it involves a permanent residence application. For most people, it is a significant decision to permanently relocate to a new country. Especially, the student visa cancellation or refusal may really affect the education of an individual. 

The rejection of a visa by the government of Australia may be difficult to deal with, you may feel like this ends the complete plan of your future. If you face this situation, then it is not the end of your goal in Australia. It may take time, but with proper planning and some considerations, you can still proceed with your dream. 

Still, there may be the availability of many other potential options for you, depending on your circumstances. These may include the seeking of a judicial review or new visa application. 

Judicial review at FCC

If you got a negative review from AAT, then potentially you are able to approach the federal court immigration appeal and take the decision of AAT based on the judicial review. Only the federal circuit court can consider your case to decide about migration. 

The court cannot review all the decisions of AAT but they can consider the thing which is a jurisdictional or legal error made by the members of the tribunal when delivering their decision.

 The court is able to check whether the decision made by the AAT was according to the law or not. To consider or decide the merits of your application or visa is not possible by the court. The court can possibly check only the legal error in the decision of the AAT. 

FCC procedures

Once your visa appeal was unsuccessful at the AAT then before you approach a court, as soon as possible you should get legal advice from the lawyer. The migration agents who are not the lawyer are not able to help you with the procedures of the court. So you should be aware of the assistance or advice offerings of the lawyers. 

You are able to proceed to get a judicial review on the decision as your lawyer assessed your case and found a legal error in the decision of AAT. You can have 35 days from the AAT decision to appeal in the court. On a limited occasion, this time can be extended but the courts don’t want to accept any late application. 

How to file a case in court

As you have decided to review the AAT decision to the court, next you have to approach the court by these following procedures. 

• With the court registry, you should file an application. In the application, you have to fill the details about what kind of legal error was made in the decision of AAT. 

• Here you cannot talk about the merits of your case. 

• Then with your application, you want to attach an affidavit. The affidavit should explain all about the relevant circumstances and facts in relation to the legal error. 

• It should also be included with the decisions to be reviewed and any kind of statements for the decision.

• The application can be filed in person, electronically, by mail, sometimes even by e-mail or fax at the registry of the court. You can also download the application’s templates from the website of FCC. 

Final thoughts

Filling an application and processing the necessary documents is not that easy. So it is better to get advice from a proper lawyer.