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Court Appeals

If you have received an adverse decision from the Administrative Appeals Tribunal (AAT), you may be able to appeal the decision to the Federal Circuit Court (the Court).

The timeframes are tight for making applications to the Court, so if you have received an adverse decision from the AAT, you should contact us immediately as we need time to analyse the AAT decision, obtain a copy of your AAT hearing audio to listen to and draft your application to the Court.

Please review the information on the appeals process on our webpage, then contact us to arrange an initial consultation so we can explain the process moving forward.

 

Understanding AAT Appeals & Court Appeals

If you have applied for a visa but your application was refused, it may be possible to challenge the decision through an Administrative Appeals Tribunal (AAT) or a court appeal. An AAT appeal will review a decision based on merit, assessing whether or not the correct decision was made based on the facts provided. A court appeal, or judicial review, is designed to address any legal errors made during the decision-making process. To find out which is best for your particular case, contact The Immigration Lawyers or check out our court appeals page for more information.

 

FAQs About AAT Appeals & Court Appeals

What is the deadline for filing an AAT appeal or court appeal?

If you wish to lodge an AAT appeal, you will usually need to apply within 28 days of the initial refusal. It is best to seek the advice of AAT lawyers to ensure the application is sufficient. Court appeals, on the other hand, have strict deadlines that vary depending on what is being reviewed. Again, seeking legal advice is essential to ensure that either process goes as smoothly as possible.

Can I represent myself in an AAT appeal or a court appeal?

Though it may be possible to represent yourself, the process can be very complicated, and it is not recommended to apply without AAT lawyers or equivalent. A court and AAT appeal often requires strong supporting evidence and legal arguments. Hiring a lawyer can massively increase your chances of success.

What happens if my AAT appeal is unsuccessful?

If an AAT appeal is unsuccessful, it may be possible to apply for other options, such as a court appeal, requesting ministerial intervention, or alternative visa pathways. There are numerous options available, each with different eligibility criteria. For more information on alternative visa applications, feel free to check out our visa pages or get in touch with any questions you have.

 

Get to Know Us Better

The Immigration Lawyers are here to ensure you can stay ahead of the game regarding your Australian visa application. To stay updated with current Australian immigration laws and regulations, get in touch with any questions you have. With us by your side, your visa application will be a seamless process.

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