JUDICIAL REVIEW
What is Judicial Review?
Judicial review is an appeal to the Australian courts:
It involves a court testing the legality of a decision and whether the official had power to make it, and made it fairly, without error of law or failure to consider something relevant. The courts do not review matters on its merits. Judicial review enables a person aggrieved by an administrative decision (or refusal to make a decision, or action, or inaction) to seek review by a court of the lawfulness of that decision.
The court will not review a decision in order to determine whether or not it was the right decision to make. The court will only review a decision so as to determine whether it was a lawful decision (i.e. whether it was within the power of the decision-maker).
If the court finds that the decision was not a lawful decision, it may set aside that decision. Normally, the court will then remit the decision back to the original decision-maker to be made again. Judicial review is a complicated and specialist area of law.
What Decisions Can Be Appealed?
You can appeal a decision made by:
a case officer from the Department of Immigration
an Australian court
Examples of Judicial Review
if the decision made by the Department / ART / Court contains jurisdictional error
if your application is taking longer than normal
if you missed the time limit to appeal to ART
if you are overseas and you cannot appeal to ART
Examples of Jurisdictional Error
You were not given a fair opportunity to provide comments or more information.
You were not given an extension of time.
The decision-maker failed to consider the information you provided (in writing or verbally).
The decision-maker applied the wrong law.
The decision-maker took into account irrelevant or incorrect information.
Your application has been delayed for a substantial amount of time.
Your application is affected by fraud.
Your decision was subject to bias.
Judicial Review Checklist
Before you commence a proceeding seeking judicial review you need to:
determine what remedies you seek;
make sure you comply with any applicable time limits;
make sure you have standing to challenge the action; and
select one or more grounds of review.
How Can Our Immigration Lawyers Help
Each case must be considered on its own merits and we can guide you on the most appropriate strategy to move forward. This may include challenging whether to request for an early settlement, lodging another visa as part of a broader strategy, etc. We take into consideration speed, costs and risk.
Our Specialization: Types of Judicial Review Applications
visa refusal / cancellations
ART decisions
citizenship appeals
sponsorship / nomination refusals
sponsorship bars
character issues involving criminal record
health issues
fake documents
delays by the Department of Immigration or ART
immigration detention & removal
Our Success Stories & Case Studies
Visa application lodged out of time
Partner visa suspected of being fake
Business migration failed for not meeting turnover
$5 million business migration failed for ‘source of funds
Boat arrival: Safe Haven Enterprise visa & Immigration Assessment Authority (“IAA”)
Detained and subject to removal from Australia
Unsuccessful protection visa application
Citizenship by conferral refused for inadequate time spent in Australia
Fake documents submitted to Contributory Parent visa
Unsuccessful no further stay waiver request
Citizenship application investigated by the Australian Security Intelligence Organisation (“ASIO”)
A determination made by Foreign Minister who presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction
Cancellation of registration for a registered migration agent
Section 501 cancellation (Character) decision
ART failed to follow the proper procedure to notify the existence of a ‘dob-in’
