Are you on the receiving end of a visa refusal or cancellation being upheld by the Administrative Appeals/Review Tribunal?
We can help you challenge that outcome through a process known as ‘Judicial review’. This is where Departmental or Tribunal decisions are considered by the Courts and can be set aside. If this happens:
- You might be able to keep your visa; or,
- Your case could be remitted to the Tribunal for a reconsideration of the claims.
Ask for a consultation
When can you appeal to the federal courts?
Visa refusals where there is a legal error by the Tribunal.
Visa cancellations where there is legal error by the Tribunal.
Refusals and cancellations made by the Department/Minister of Home Affairs in certain cases.
There are also different ways you can potentially appeal to the federal courts!
However, you must have reasonable prospects of success to bring an application. Each one, in my experience, requires a different strategy. Lodging an application even with reasonable success prospects does not mean you will succeed.
Judicial review proceedings often turn on what specific grounds you bring and what judge you draw. We have a really successful track record in helping clients succeed before the courts.
Feel free to ask for a consultation to start the process as soon as possible!
Who am I?
Richard Timpson is an accomplished and specialist immigration lawyer with significant experience in the field. Richard has been working in the legal profession for over 20 years.
Richard’s passion for immigration law began early on in his career and is also an immigrant to this country. After completing his legal studies in Ireland, Richard gained experience working for a variety of law firms. This experience provided him with a broad range of skills and knowledge, which he now uses to help his clients navigate the complex world of immigration law.
As one of only a few accredited specialists in immigration law in Australia, Richard has helped numerous clients to successfully apply for visas, permanent residency, and citizenship in usually very difficult circumstances. He has worked with clients from a wide range of backgrounds and nationalities, and has a deep and personal understanding of the challenges that immigrants face when trying to navigate the Australian immigration system.
Richard Timpson is an accomplished and specialist immigration lawyer with significant experience in the field. Richard has been working in the legal profession for over 20 years.
Richard’s passion for immigration law began early on in his career and is also an immigrant to this country. After completing his legal studies in Ireland, Richard gained experience working for a variety of law firms. This experience provided him with a broad range of skills and knowledge, which he now uses to help his clients navigate the complex world of immigration law.
As one of only a few accredited specialists in immigration law in Australia, Richard has helped numerous clients to successfully apply for visas, permanent residency, and citizenship in usually very difficult circumstances. He has worked with clients from a wide range of backgrounds and nationalities, and has a deep and personal understanding of the challenges that immigrants face when trying to navigate the Australian immigration system.
Frequently Asked Questions about Judicial Review
The courts are there to consider cases where there has been a legal error by the Department or Tribunal and usually where someone has been unsuccessful before the Tribunal they then bring a judicial review application. Not everyone can do this. There has to be an identified legal error – this isn’t just that you disagree with the Tribunal decision – it might be something like getting the law wrong, a failure to consider evidence, apprehended bias and other matters. You also need to have reasonable success prospects with such an argument. If you succeed before the courts in a judicial review, the courts have the power to set aside the decision and send it back to the Tribunal or Department. They don’t have the power to grant you a visa.
It depends on the decision but it’s usually the Federal Circuit and Family Court at first instance. Sometimes we have to apply to the Federal Court and separately to the High Court. Each of those two latter courts often also have an effective appeal function from a lower court where an error is identified with a reasonable prospects of success position.
Costs follow the event in court matters usually with the courts ordering unsuccessful parties to pay the government’s costs. These can add up. On the other hand, if you win, you might get the government to pay your costs. Bear in mind that what you might recover in that situation could only be a portion of what you actually paid. Also, if you are ordered to pay the government’s costs, if you don’t pay or make arrangements to pay these, it can or will affect your capacity to get other visas.
It can take a few years and depends on the registry where your case has been docketed. In our experience, it can take a minimum of twelve months to get to a hearing.
No solicitor can or should file an application to court unless there are reasonable success prospects. That is what the law says. That doesn’t mean that if you are able to file, you will then be successful. On the contrary, whether you succeed will turn on the strength of your arguments, how they are presented, the position of the government, what the issue is and importantly, what judge you draw will often have an effect on the outcome.
There is a filing fee which varies depending on what type of application it is. The fee for the Federal Circuit Court is usually $3785 which can be reduced on hardship grounds. It is also highly sensible to get represented before a court. Professional fees for this area vary and we can give you a quote once we see if there is even an angle and understand you and your situation as best we can. As these cases can take some time, payment plans for fees can also be considered.
TESTIMONIALS
Richard Timpson acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.