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The Administrative Appeals Tribunal (AAT), the Federal Circuit Court (FCC), the Federal Court of Australia (FCA), and the Higher Court (HC) all serve as avenues for reviewing certain visa refusal and cancellation decisions in Australia.
The AAT conducts and provides independent merits review of administrative decisions made by the Australian Government under Commonwealth and Norfolk Island laws. The Tribunal is responsible for most migration-related decisions made by the Department of Home Affairs (DHA).
The Tribunal reviews decisions made regarding bridging visas, family visas, partner visas, skilled visas, student visas, certain humanitarian visas, and citizenship applications. Its General Division conducts merits review regarding character-related visa refusals.
In September 2021, the Federal Circuit Court of Australia and the Family Court of Australia merged to form the Federal Circuit and Family Court of Australia (FCFCOA). Under Division 2, it primarily deals with family law, immigration, and other general federal law concerns.
In immigration matters, the Court reviews certain decisions under the Migration Act 1958. The key decision makers are the Minister for Immigration, Department of Home Affairs, the AAT, Citizenship and Multicultural Affairs, and the Immigration Assessment Authority.
Here, the Judge decides upon whether a certain decision made by a decision maker followed the correct legal procedures, and that no ‘jurisdictional error’ has been made. So in the event that the Judge did find an error, they can refer back your case to the deciding officer and prevent the Minister from acting on the decision.
It is good to note that the Judge cannot directly grant you a visa after their review.
Besides the Federal Circuit and Family Court of Australia, the Federal Court also has jurisdiction in regards to a migration decision if the former (FCFCOA) brings a pending proceeding of a migration decision to the Federal Court.
A majority of migration cases are tried and heard at the FCFCOA. Migration-related appeals are heard in the Federal Court in very limited circumstances.
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The High Court of Australia is the highest Australian court in the country’s judicial system. It handles cases that come to it on appeal or start in the High Court itself.
Its roles include interpreting and applying Australian laws, deciding significant federal cases like constitutional challenges, and hearing appeals, by special leave, from Federal, State, and Territory courts.
The Supreme Court deals with a wide range of Australian law topics, namely, but not limited to:
Most of its work involves hearing appeals from other courts. Appeals to the High Court are not automatic. The Court must first agree to hear a case in a preliminary hearing. Once the High Court makes a decision on an appeal, it is final and binding on all other Australian courts.
Parish Patience Immigration Lawyers offer a unique combination of experience, expertise, and genuine commitment to helping win client cases. Here’s why choosing our legal team is the right decision for you:
With over 135+ years of quality legal service, Parish Patience has been highly regarded in the legal community since 1888. Clients benefit from a rich legacy of expertise and a firm that has consistently adapted to the ever changing Australian legal landscape while maintaining its foundational principles.
Parish Patience prides itself on a team of lawyers who regularly present papers at local and international conferences. They are well-versed in the intricacies of immigration laws and proficient at handling even the most challenging appeal cases. Their level of competence ensures that no matter what unique challenges your case presents, you have skilled and knowledgeable advocates fighting for your rights.
Work only with an Australian migration agency known for its thousands of client success stories. Their strategic approach and diligent attention to detail have resulted in a high number of successful visa applications and appeals. Our track record shall give you full confidence in our team’s ability to deliver favourable outcomes for clients who face similar situations like yours.
You are more than just a client to us. Our legal experts are genuinely committed to providing not only passionate legal advocacy but also compassionate support throughout the appeal process. Our lawyers understand the emotional and personal stakes involved, so they offer a supportive environment that respects and prioritises your needs and well-being.
Our customers are always happy to share their thoughts with us.
Here is what some of them had said!
The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .
Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!
Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.
Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.
I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.
Getting your visa application rejected is heartbreaking and stressful. If you strongly believe the decision is wrong, file for a court appeal with a skilled visa lawyer who can give you the best representation you deserve and get the strongest fighting chance possible. Contact us today and book a consultation.
Appeal for Visa Refusal Australia January 17, 2024Read More - Appeal for Visa Refusal Australia: What's Your Next Legal Steps? Appeal for Visa Refusal Australia: What's Your Next Legal Steps? Whichever your purpose for visa… You need to lodge an application for review with the AAT online within 28 days. You can also apply by paper. When feeling overwhelmed, we highly recommend that you consider consulting with a qualified lawyer who can best represent and advise you in the appeals process.
The HC deals with the most significant legal questions and constitutional matters. Appeals to the HC are rare and only occur if there is a significant legal issue.
If your appeal lodged at the AAT is unsuccessful, the higher court to take it to is the Federal Circuit Court or the Federal Court, provided there are legal grounds, such as an error in law. You can also request Ministerial Intervention if, and only if, it’s within public interest and there is a strong compassionate circumstance that, if not recognised, would put irreversible harm or extreme economic hardship to an Australian citizen or family unit.
Appeals to the FCC are typically based on legal errors made by the AAT. This includes incorrect interpretation of the law or procedural fairness issues.
Processing times can range from as early as 4 to 8 weeks, but some do take up to several months to over a year or two. As always, it depends on the complexity of the case and caseload of the AAT.
Yes, you may be granted a bridging visa while waiting for a final decision on your appeal.
Sadia Ahmed2024-03-13Usman looked after my file and we are granted 189 today . Very supportive teamT Malhi2024-03-07I would like to express my sincere gratitude to Parish Patience for the exceptional service they provided throughout my journey from Winning MRT(student visa ), 485 Visa and another student visa extensions to finally obtaining skilled migration. Usman demonstrated remarkable expertise and unwavering patience in addressing all my inquiries. I never felt the need to persistently follow up for updates on my application. His consistently kind, generous, and positive demeanor was truly commendable. I highly recommend Usman's services and extend my heartfelt appreciation to him.Thank you, Usman for bringing joy to those who have lost hope. You should be proud of the work you doYaad Matharu2024-03-07I highly recommend their service. I would like to express my gratitude to Mr. Usman for his exceptional professionalism and expertise.Umer Saeed2024-03-04Very professional, high standards of service and comprehensive knowledge of immigration, i strongly recommend them to anyone who requires immigration advice.Safat Aqib2024-02-27I received excellent service from Parish patience. Usman and Billah were extremely proficient and courteous, and they assisted me throughout every stage. I strongly recommend them to anyone who requires immigration advice.Kanika Dua2024-02-22Hi Just want to share my recent experience with parish patience. I was depressed and hopeless about my case and MR PRASAD at parish patience gave me hope and prepared my file very strong so I win in the AAT hearing. The case is in my favour now and hopefully i will get PR very soon. Highly recommend their service. They all are professionals and experts in their fields.Anand Inbasekaran2024-02-19I thank Upasna for making the visa process smooth and stress- free. Her attention to detail, prompt responsiveness, and in-depth knowledge of immigration procedures reflect a high standard of service. It was a pleasure to work with Parish Patience, and I would confidently recommend your services to others.Thihan Oo2024-02-17Very happy and grateful for your services, fast, reliable, approachable and super efficient team, Shan and Asha, you guys are the best.Sarma B2024-02-16I can't express enough gratitude for the outstanding service provided by my lawyer in helping me secure my partner visa. From the moment I walked into their office, I felt reassured by their warm demeanor and professionalism. Throughout the entire process, they were not only knowledgeable but also incredibly supportive, guiding me through each step with patience and clarity. What truly sets them apart is their accessibility. Whenever I had a question or concern, they were readily available, promptly responding to calls and emails, which alleviated any anxiety I had about the process. Their dedication to their clients is truly commendable. Thanks to their expertise and unwavering support, I am now able to build a future with my partner without the stress of immigration uncertainties. I wholeheartedly recommend their services to anyone in need of legal assistance, especially for partner visas. Thank you immensely for your outstanding representation!Rohan chowdhury2024-02-06Usman Ali is by far one of the best lawyers I’ve met, very knowledgeable, very professional, calm, supportive, prompt in replying with his emails, basically everything that you look in a lawyer. He made the process unbelievable quick, effective and successful. Heartily thankful for him and the whole team.
