Administrative Appeals Tribunal and Federal Circuit Court Appeals

Our firm regularly acts on behalf of clients in relation to Administrative Appeals Tribunal (Tribunal) and Federal Circuit Court of Australia (Court) appeal applications.

As a general guideline any decision (such as a refusal of a visa, sponsorship or nomination application, visa or sponsorship cancellation) made by the Department of Home Affairs (Department) can be appealed to the Tribunal if the appeal applicant is located in Australia, the relevant Department application was made in Australia or if an Australian citizen is connected to the application (e.g. Australian employer or family member has sponsored the applicant).

There are strict time limits to appeal a Department decision (generally within 21 days of the decision) to the Tribunal and if the appeal application is not lodged within that time it is generally not possible for the Tribunal to accept the application for appeal even if there was a good reason for the delay in lodgement of the appeal application.

If the Tribunal affirms (i.e agrees with) the Department’s decision and the applicant wishes to appeal the Tribunal’s decision then an application must be made to the Federal Circuit Court to appeal the Tribunal’s decision. The applicant should lodge their appeal to the Court within 35 days of the Tribunal’s decision. The Court will only intervene and quash the Tribunal’s decision if it finds that the Tribunal has engaged in jurisdictional error e.g performed its role in a procedurally unfair manner.

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