Federal Circuit and Family Court Appeals: Judicial Review of Visa Decisions

The Federal Circuit and Family Court of Australia (Division 2) can review certain decisions made under the Migration Act 1958 by the Minister for Immigration, the Department of Home Affairs, the Administrative Review Tribunal (ART) and the Immigration Assessment Authority.

It is not a second merits review. The Judge does not decide whether you should be granted a visa. The Court can only decide whether the decision maker made a jurisdictional error. See the Court's migration overview for more detail.

Decisions made under the Migration Act 1958 by the Minister, the Department of Home Affairs, the ART and the Immigration Assessment Authority. In practice, most applications follow an ART decision affirming a visa refusal or a visa cancellation.

If the Court finds a jurisdictional error it can: refer your case back to the decision maker, and prevent the Minister from acting on the decision.

The Court cannot: reconsider the facts and reasons for your visa application, take new factual information into account (unless it is relevant to whether a jurisdictional error was made), or grant you a visa. Bridging visas and visa extensions remain a matter for the Department of Home Affairs.

A jurisdictional error means the decision maker did not make the decision properly – for example, they did not follow the correct legal procedures, did not apply the law correctly, denied you procedural fairness, or failed to consider something the law required them to consider.

The Judge looks only at how the decision was made, not at whether the outcome was fair or whether you deserve the visa. This is why the grounds of your application have to be drafted carefully, and why the Court itself strongly recommends obtaining legal advice before applying.

35 days. You must file an Originating application – Migration Act, together with supporting documents, within 35 days of the date of the migration decision. That date may be different to the date on the notification letter you received.

You can ask the Court to extend the 35 day time limit, but the request must be made in your application and you must explain why you need it. The Court may extend time where it is in the interests of justice, and the matter will be listed for an extension of time hearing before a Judge.

As of August 2026 this deadline is unchanged. Because it is short and strictly applied, contact us as soon as you receive the decision.

Court fees (as of August 2026, effective 1 July 2026):

• Filing a migration application (item 201A): AUD4,180, or a reduced fee of AUD2,090 where a Registrar or authorised officer determines you may pay the reduced fee.
• Setting down for hearing fee, payable before the final hearing: AUD1,035.
• Daily hearing fee for each hearing day after the first: AUD1,035.

Higher rates apply to corporations. You may be exempt from Court fees, or entitled to a reduced or deferred fee, if you hold certain government concession cards or can demonstrate financial hardship. Current figures are published on the Court's migration fees page.

Our professional fees are separate from Court fees and are set out in a written fee proposal after your initial discussion.

Generally the unsuccessful party pays the legal costs of the successful party. If the Court dismisses your application, or you discontinue it, you will usually have to pay the Minister's legal costs. If you succeed, the Minister generally pays yours.

As of August 2026, the scale in the Federal Circuit and Family Court (Division 2) (General Federal Law) Rules 2025 sets migration costs at AUD1,821.21 where the proceeding concludes at or before the first court date, AUD4,553.02 where it concludes after that or at or before an interlocutory hearing, and AUD9,097.93 where it concludes at a final hearing (all including GST).

Where a proceeding is discontinued, the amounts range from AUD905.96 (notice filed and served within 30 days of filing) to AUD6,368.43. The later a matter is discontinued, the higher the costs. See the Court's migration costs page.

Filing and service: once the Court accepts your application you must serve it on the Minister and any other decision maker. The Minister must respond within 28 days of being served.

Directions: a Registrar usually makes standard timetabling orders in chambers, without the parties needing to attend a first court date. In some matters a directions hearing is listed.

Court events that may follow: a callover to confirm the matter is ready, an extension of time hearing if you filed outside 35 days, a summary judgment hearing if the Minister argues the application has no reasonable prospects, and then the final hearing before a Judge.

Timing: the Court does not publish a guaranteed timeframe for migration matters. How long your case takes depends on the Court's lists, whether interlocutory issues arise and the complexity of the grounds. The Judge may deliver judgment at the end of the final hearing or reserve the decision to a later date.

The Court itself says you are strongly encouraged to get legal advice before beginning a judicial review or an appeal. Court staff are not permitted to give legal advice, and the Minister will always be represented by lawyers.

A migration lawyer will identify whether there is a genuine jurisdictional error, draft the grounds, meet the 35 day deadline, comply with the Court's directions and explain your exposure to adverse costs. If the Court dismisses your application you will usually be ordered to pay the Minister's costs, so an early, honest assessment of your prospects matters.

Book a free discussion with our Sydney team and we will tell you candidly whether we think your decision is reviewable.