Judicial Review and the Federal Court

When you have applied for a visa and the Department of Home Affairs do not grant you the visa and then AAT affirms the decision of refusal, you may apply for Judicial Review. However, the Federal Circuit Court application fee has increased for judicial review involving immigration law cases. Some people may be able to pay the reduced fee where they are experiencing financial hardship. In this respect, the application will be filed in the Federal Circuit Court followed by a directions hearing to set a timetable for lodging documents and hearing your case. Most of the hearings will be conducted online via Microsoft Teams due to COVID-19 closures. Usually, the lawyer acting for the Minister proposes orders for consent outlining the timetable for how your case will proceed. For these consent orders, you may choose to agree so that a directions hearing does not need to be held or you may disagree with the consent orders, in which case the Court will make orders about the timetable of your case at a directions hearing. It is important that you consult an experienced immigration lawyer for judicial review. Chua Tan Associates has two Law Institute of Victoria Accredited Immigration Law Specialists and are one of Melbourne’s best immigration lawyers.

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