Decisions from the Department of Immigration and the AAT regarding a visa refusal or cancellation are administrative decisions. Administrative decision makers must follow the law and certain legal process during the decision process.
If the decision-maker fails to follow the correct legal process in making a decision, it can be challenged in court through judicial review by appealing to the Federal Court of Australia.
The court will not make a decision on the visa but it will confirm whether the decision was made according to law. This will conclude if the decision maker was correct or not, and order that he lodges the case according to the law.
If the Court finds that a decision is unlawful, the Court has the power to:
- Order that the decision is quashed and or set aside.
- Order that the decision-maker follow the correct legal process and re-make the decision.
- Declare a legal position, for instance, that the decision is legally incorrect or incorrect.
Have you faced a rejection on your Australian visa application? At Sirus Migration, we understand your individual circumstances, and put forth appeals for a review of your application from the Federal Court. Contact us today to learn more about how we can help you relaunch your migration journey to Australia.