Question 1

What does the Federal Circuit Court do in a migration case?

Accepted Answer

It conducts judicial review — it examines whether a migration decision was affected by a jurisdictional (legal) error. It does not re-decide the merits of your visa; that is the Tribunal's role.

Question 2

How long do I have to apply for judicial review of a migration decision?

Accepted Answer

35 days from the actual notification of the decision, under section 477 of the Migration Act 1958 (Cth). The court may extend the period only where necessary in the interests of the administration of justice, so treat 35 days as a hard limit.

Question 3

How much is the Federal Circuit Court migration filing fee?

Accepted Answer

From 1 July 2026 the filing fee is $4,180, reduced to $2,090 where a reduced fee is approved. Fee reductions and exemptions are available for financial hardship or certain government payments — confirm with the court before filing.

Question 4

What is the difference between judicial review and Tribunal review?

Accepted Answer

Tribunal review is merits review — a fresh decision on the facts. Judicial review is a legality check — it asks only whether the decision involved a jurisdictional error. A court cannot help if the decision was unfavourable but lawful.

Question 5

Can I appeal if the Federal Circuit Court dismisses my case?

Accepted Answer

You may be able to appeal to the Federal Court of Australia, but an appeal reviews the lower court's decision for error rather than starting again, and it runs on its own strict timeframe. Get advice immediately after the judgment.

Federal Circuit Court: judicial review of a migration decision

What does the Federal Circuit Court do in a migration case?