FCC Federal Circuit Court Appeal
The Federal Circuit Court (FCC), also known as the Federal Circuit and Family Court of Australia (FCFCOA), has jurisdiction over immigration and visa matters as part of the federal system. If a visa application is refused and an AAT (Administrative Appeals Tribunal) appeal is unsuccessful, applicants may choose to escalate the case to the FCC for judicial review.
Not all cases are eligible for an appeal to the Federal Circuit Court. Appeals can only be lodged if there is a Jurisdictional Error in the AAT decision. It is important to note that the FCC does not reconsider whether the applicant meets visa grant criteria—it only reviews whether the AAT made a legal error in the decision-making process.
Jurisdictional Errors Recognized by the FCC
- Failure to follow a fair judicial process during case review.
- Misinterpretation of relevant laws in making the decision.
- Decision influenced by discrimination or bias.
- Failure to consider legally required factors in the decision-making process.
If the FCC determines that a jurisdictional error occurred during the AAT review, the case will be remitted back to the Department of Home Affairs for reconsideration. However, the FCC does not directly grant or refuse the visa. If FCC finds no jurisdictional error, it will uphold the original AAT decision.
If the applicant is dissatisfied with the outcome of the Federal Circuit Court appeal, they may escalate the case to higher courts, including:
- Federal Court of Australia (FCA)
- High Court of Australia (HC)
The High Court of Australia is the highest judicial authority in the Australian legal system. However, to appeal to the High Court, applicants must first obtain special leave, which means the case must meet specific legal criteria to be considered for review.