Federal Court Immigration Appeals: A Guide for 2026

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:

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

The Process

  1. File your application with the court within the deadline
  2. Prepare your written submissions — these are the legal arguments for why the decision was wrong
  3. Attend the hearing — the judge will hear arguments from both sides
  4. Receive the judgment — this can take weeks to months

Costs

Judicial review can be expensive. Costs include:

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.

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