Court Appeals
When the system fails, I take it to court.
Judicial review in the Federal Circuit and Family Court of Australia (FCFCA) and the Federal Court of Australia is available when a decision-maker — whether the Department or the ART — has made a legal error. This is highly technical work that requires identifying jurisdictional errors, procedural fairness breaches, and errors of law. I have the experience and legal expertise to navigate these complex proceedings.
Judicial review is fundamentally different from merits review at the ART. The court does not reconsider whether the decision was right or wrong on the facts — it only examines whether the decision-maker made a legal error. Common grounds for judicial review include: failure to consider a relevant consideration, taking into account an irrelevant consideration, denial of procedural fairness, jurisdictional error, and unreasonableness.
The Federal Circuit Court is the primary court for immigration judicial review, with appeals available to the Full Federal Court and, in exceptional cases, the High Court of Australia. I provide advocacy support across the Federal Circuit and Family Court and the Federal Court, am admitted to practise before the High Court of Australia, and understand the specific requirements and procedures of each.
Time limits for judicial review are strict: you generally have 35 days from the date of the ART decision to file an application in the Federal Circuit Court. Filing fees and legal costs are significant, so I provide an honest assessment of your prospects before recommending this pathway.
What I do
- Assess whether there are viable grounds for judicial review
- Identify jurisdictional errors, procedural fairness breaches, and errors of law
- Prepare and file an application for judicial review within the 35-day deadline
- Draft detailed written submissions and legal arguments
- Represent you at court hearings before the Federal Circuit Court and Federal Court
- Manage appeals to the Full Federal Court and High Court if necessary
- Advise on consent orders and remittal if the matter is sent back to the ART