If the Administrative Review Tribunal (ART) has upheld a decision against you, or if a decision was made with a legal error, you may be able to seek judicial review in the Federal Circuit and Family Court of Australia (FCFCA) or the Federal Court of Australia.
What Is Judicial Review?
Judicial review is fundamentally different from merits review at the ART:
| Feature | ART (Merits Review) | Federal Court (Judicial Review) |
|---|---|---|
| What is reviewed | The merits of the decision | Whether a legal error was made |
| Can substitute a new decision | Yes | No — can only send it back |
| Evidence | Can consider new evidence | Limited to the evidence before the original decision-maker |
| Outcome if successful | New decision | Decision set aside and sent back for reconsideration |
Grounds for Judicial Review
The most common grounds for judicial review in immigration cases include:
1. Jurisdictional Error
The decision-maker exceeded their power or failed to exercise their power correctly.
2. Denial of Procedural Fairness
You were not given a fair opportunity to present your case — for example, you were not told about adverse information that was relied upon.
3. Failure to Consider Relevant Material
The decision-maker failed to consider evidence or submissions that were relevant to the decision.
4. Consideration of Irrelevant Material
The decision-maker took into account factors that were not relevant to the decision.
5. Unreasonableness
The decision was so unreasonable that no reasonable decision-maker could have reached it.
Deadlines
| Court | Deadline |
|---|---|
| Federal Circuit Court (from ART decision) | 35 days from notification |
| Federal Court (from FCFCA decision) | 28 days from notification |
| High Court (special leave) | 28 days from Federal Court decision |
The Process
Costs
Judicial review can be expensive. Costs include:
- Court filing fees
- Legal representation fees
- Potential adverse costs orders if you lose
However, the cost of not pursuing a valid legal challenge can be far greater — particularly if the alternative is removal from Australia.
How I Can Help
I have extensive experience in Federal Court immigration litigation. I will assess whether your case has viable grounds for judicial review, prepare your application and submissions, and represent you at the hearing. Not every case is suitable for judicial review — I will give you an honest assessment.
Book a consultation today from $97.
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Questions & Answers
The ART dismissed my case but I think they ignored important evidence. Can I appeal?
If the ART failed to consider relevant evidence, that may constitute a jurisdictional error and be a valid ground for judicial review. I would need to review the ART's decision record and your submissions to assess whether this ground is arguable.
How much does a Federal Court appeal cost?
Costs vary depending on the complexity of the case. Court filing fees are set by the court, and legal fees depend on the work involved. I can provide a cost estimate after reviewing your case. In some cases, if you win, the other side may be ordered to pay some of your costs.
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Your question will be answered personally by Nilesh. Thoughts only — not legal advice.