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FCC Federal Circuit
Court appeal

The Federal Circuit Court, also known as the FCC. Because immigration or visa matters are under the jurisdiction of the federal system, if the applicant is denied a visa and loses an AAT appeal, it can continue to appeal to the Federal Circuit Court (FCC).

Not all cases can be appealed to the Federal Circuit, only when there is a Jurisdictional Error at the AAT stage. Please note that the FCC will only review whether there was a judicial error in the AAT phase, and whether the decision to refuse the visa was tried in accordance with the law, and will not re-examine whether the visa application itself meets the conditions of the visa.

The "errors of justice" found by the Federal Circuit include:

Failure to follow fair judicial procedures in reviewing cases;

Misinterpreted the relevant laws;

The decisions given are discriminatory and biased;

Ignoring some of the facts required by law to be considered.

When the Federal Circuit FCC believes that there is indeed a judicial error at the AAT stage, the case will be called back to the Immigration Department for reconsideration, and will not be directly signed or rejected; If the FCC finds that there was no judicial error in the case, the AAT will be upheld.

If the applicant is still not satisfied with the outcome of the Federal Circuit Court appeal, he can continue to appeal to the Federal Court of Australia (FCA) and the High Court of Australia (HC). The Supreme Court is the highest court in Australia's judicial system. If you want to appeal to the Supreme Court of Australia, you must first obtain a special application before the case is referred to the Supreme Court of Australia.

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