Migration Judicial Reviews
Judicial review of migration decisions is available to people and businesses if they receive a negative decision on an immigration application, either at the initial stage or the merits review stage. It enables federal courts to examine the lawfulness of the migration decision made by the Administrative Appeals Tribunal or Immigration Assessment Authority.
The judicial review by the courts does not assess the facts or merits of the original decision. The courts ensure that the migration decision made by a government official or executive body is legal, reasonable and just. The courts determine whether the original decision-maker made a jurisdictional error. Strict time limits are applicable to make a judicial review application.
The grounds for challenging migration decisions in judicial review cases include, but are not limited to:
- Natural justice;
- Error of Law; and
- Relevant and irrelevant consideration.
The judicial review of the migration decision can be complex and confusing. You should seek immediate legal advice from our expert immigration lawyers to resolve your immigration status in Australia.
If you need assistance in considering whether Judicial Review is a viable option in relation to an adverse migration decision by the Department and Tribunal, get in touch with Wickham Lawyers today!