The Federal Circuit Court (FCC)
After the Administrative Review Tribunal (ART) made a decision, they will provide a final independent merits review of visa made by officers of the Department of Home Affairs (the department). If ART affirmed, the decision, the delegate’s decision should not be changed.
If you decide to seek judicial review, you can apply to the FCC of the decisions within 35 days of the date of the decision. The FCC will consider whether ART made a jurisdictional error. If you require an extension of time, you must ask for it in the application and explain why. The Court will decide whether or not to grant an extension of time. You should apply for another bridging visa before your current bridging visa ceases.
To apply for a FCC, you will need to complete an Application – Migration Act form and prepare an Affidavit to support your application. An affidavit is a written statement prepared by a party or a witness in a court case. It is the main way your present evidence (facts of the case) to a court.
You must complete all parts of the application form. If you don’t, the form might be returned to you, causing a delay. You can prepare your own affidavit, but it is usually hard to do so. If you want help preparing your affidavit, please contact our specialised lawyers.
Your application must identify what jurisdictional error you believe the decision maker has made. In your affidavit, you must explain all the relevant facts and circumstances relating to the alleged error.
If you believe your application is urgent, you should indicate this on your application form and explain why the application should be heard on an ‘expedited basis’. If your case becomes urgent while you are waiting for your final hearing, you can apply for an expedited hearing.
To apply for a reduced fee, or an exemption from paying court fees because you cannot afford either the full or reduced fee, you need to file an Application for Exemption from Paying Court Fees or Reduction – Financial Hardship form.
Court staff will check that the application is complete and that you have done everything that is formally required, including paying the filing fee. The Court will then stamp the application. Stamping shows that your application has been accepted by the Court. You must then notify the Minister by serving the application.