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Judicial Review for Immigration Cases in Australia
Judicial Review for Immigration Cases in Australia
Need a Judicial Review Lawyer? Let’s Support Your Case.
When immigration decisions seem unfair or legally questionable, judicial review may be your solution. Our experienced judicial review lawyers ensure your case is carefully assessed and
prepared.
What is Judicial Review in Immigration Cases?
A judicial review is a legal process that examines whether an administrative decision was made within the legal bounds of law authority. It focuses on whether the immigration decision was reached lawfully, not on the merits of the decision.
Unlike appeals in the Administrative Appeals Tribunal (AAT), which focus on facts and re-evaluation, judicial review checks for legal errors and compliance with procedures.
Why Consider Judicial Review?
A judicial review of immigration decisions can offer a path forward when there is a jurisdictional error or procedural oversight in your case. Our judicial review lawyers analyze your situation to determine if your case meets the grounds for judicial review as outlined in the Administrative Decisions Judicial Review Act 1977, which includes:
Breach of Natural Justice
Ensuring fairness and transparency in decision-making.
Improper Exercise of Power
Ensuring the decision was authorized and justifiable.
Error of Law
Correcting decisions that misinterpret or misapply the law.
Where Can You Appeal for a Judicial Review?
Since immigration matters are handled federally, judicial review applications can generally be made in the following courts:
● Federal Circuit and Family Court of Australia (FCFCOA)
● Federal Court of Australia (FCA)
● High Court of Australia (HCA)
Each court level has distinct jurisdictional requirements and Immigration judicial review fees, which we can explain fully during our consultations. We’ll help determine the most suitable avenue for your case based on your unique circumstances and the specifics of your immigration judicial review application.
Critical Grounds for Judicial Review of Immigration Decisions
To successfully apply for judicial review, your case must meet specific grounds as per the Administrative Decisions Judicial Review Act 1977, which may include:
Procedural Errors
Such as failure to observe legally required procedures.
Jurisdictional Errors
Instances where the decision-maker lacked authority.
Lack of Evidence
Cases where decisions were made without sufficient evidence.
Unlawful Decision-Making
Actions or decisions that were unauthorized by law.
Our Judicial Review Services
In case you feel overwhelmed by challenges and are in doubt about whether to have a judicial review service, contact us for a free consultation.
Our team is dedicated to helping clients navigate the complexities of judicial review for immigration cases. Whether you need advice on filing an application for judicial review immigration or representation in court, our services cover:
Comprehensive Case Review
Assessing whether the immigration decision qualifies for judicial review based on legal errors.
Preparation and Filing
Guiding you through the judicial review application process, ensuring all necessary documentation is submitted correctly.
Representation in Court
Offering skilled representation in the Federal Circuit and Family Court, Federal Court, or High Court of Australia, as applicable.
Start Your Judicial Review Journey with Confidence
If you believe there was a legal error in your immigration case, our dedicated judicial review lawyers are here to help you understand your options and present your case effectively.
Contact Us Today
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