Federal Circuit Court

Federal Circuit and Family Court (formerly Federal Circuit Court)

Note: VisaEnvoy does not provide court services. The Federal Circuit and Family Court of Australia (Division 2) (the Court) can review some decisions made under the Migration Act 1958. These include decisions made by the Minister or the Minister’s delegates in the Department of Home Affairs, and decisions of the Administrative Review Tribunal (ART).

The Federal Circuit Court of Australia merged with the Family Court on 1 September 2021 to form the Federal Circuit and Family Court of Australia. Migration cases are heard in Division 2 of the new Court. The ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024, and the Immigration Assessment Authority (IAA) was abolished at the same time.

The people responsible for making decisions under the Migration Act include the Minister, officers of the Department and Members of the ART (the decision makers). These decision makers look at the merits of your application and whether you should or should not be granted a visa. Please note we do not provide court services. We provide services when your visa has been refused and you would like to apply for review at the ART, and we can refer you to lawyers who handle judicial review.

Judicial review

The Court may only review a decision in order to determine if a ‘jurisdictional error’ has been made. This means the Court determines if the decision has been made according to law. The Court is independent of the decision makers. The Court does not consider the merits of your application and whether you should or should not be granted a visa.

If the Court finds a jurisdictional error, it can:

refer your case back to the decision maker, and.
prevent the Minister from acting on the decision.

The Court cannot:

reconsider the facts and reasons for your visa application
take new factual information into account (unless it is relevant to a question of whether the decision maker made a jurisdictional error), or
grant you a visa.

Who can apply?

Confidentiality & Time limits

Confidentiality

Generally, court hearings are open to the public. In certain circumstances a closed hearing may be ordered. If your case involves a protection visa decision, the Court is not allowed to publish your identity.

Time limits

You must file an application for review within 35 days of the date of the migration decision. The Court may extend the time limit if it is in the interests of the administration of justice. If you require a time extension, you must ask for it in the application and explain why. The Court will decide whether to grant an extension of time, so do not rely on getting one.

Court forms

To apply for a review of a decision, you generally need to complete:

– an application (migration), and
– an affidavit.

You can get these forms from the Court’s website or a court registry, which also has a fact sheet on preparing an affidavit.

Your application must identify what jurisdictional error you believe the decision maker has made. In your affidavit, you must explain all of the relevant facts and circumstances relating to the alleged error. You must attach to your affidavit a copy of the decision to be reviewed and any statement of reasons for the decision.

You must complete all parts of the application; otherwise it may be returned to you for completion.

Filing and fees

You need to file your application and supporting documents with the Court. Most documents are now filed electronically through the Commonwealth Courts Portal, although people without a lawyer can usually also file at a court registry.

You must pay a fee when you file a migration application. From 1 July 2026 the fee is $4,180, or a reduced fee of $2,090 if a Registrar decides you are eligible. Fees may be waived or reduced in some cases, for example if you hold certain government concession cards or you can demonstrate financial hardship. Fees are set by regulation and change each year, so check the current amount with the Court registry before you file.

Service

After filing, you must give a sealed copy of your application and supporting documents to the Minister and, in most cases, the Tribunal that made the decision. This process is known as service of documents. The Minister is usually served through the lawyers acting for the Department of Home Affairs, and the Court will tell you how to serve the documents.

Court hearings

The Court will allocate a time and date for your hearing. On the first court date the Court may give orders and directions for:

an immediate hearing
a second or final hearing date
a stay or interim (temporary) orders
the filing of amended or further documents.

If the Court orders an immediate or a second hearing before a final hearing, the Court may require you to show that you have an arguable case. If you cannot show that you have an arguable case the Court may dismiss your application without a final hearing.

At each court hearing the Court will give you an opportunity to address the issues related to your case. If you have a lawyer they will speak for you. The Minister will usually be represented by a lawyer, and you or your lawyer will have the opportunity to respond to what is said in court.

The Court often announces its decision at the end of the final hearing. If not, you will be notified of the date the Court will announce its decision.

Note – Unless the Court excuses you from attending, you must attend court whenever there is a hearing. If you fail to attend a hearing, the Court may dismiss your application in your absence and award costs against you.

Legal costs

Legal costs are the fees and expenses charged to a client by their lawyer. Generally the unsuccessful party has to pay the legal costs of the successful party. If the Court dismisses your application you will probably have to pay the Department’s legal costs. The total cost will depend on the length of the case and the amount of work done. The Court’s rules set out the scale of legal costs that ordinarily apply. If you choose to discontinue your case without a hearing, you will generally have to pay a reduced proportion of the Department’s legal costs.

Withdrawing your case

If you decide to withdraw your application, you must complete a Notice of Discontinuance and file it with the Court. You must also send a copy of the notice to the Minister’s solicitor. If there is less than 14 days before your final hearing, you must obtain the Court’s permission to discontinue your case.

Legal advice

The legal issues concerning the review of migration decisions are often complex. You should seek legal advice about your application as soon as possible. You may be able to get some free advice from a legal aid office or community legal centre. Otherwise, you will need to choose your own lawyer and pay for this service.

Court staff can help you with questions about court forms and the court process, but cannot give you legal advice.

Before going to court, consider your other options. If you are still within time, a fresh visa application may be possible. In limited cases you may be able to ask for ministerial intervention after an unsuccessful ART review, although a pending court case can affect whether a request is referred.

This brochure provides general information only and does not provide legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court. The Court cannot provide legal advice.

Source: Federal Circuit and Family Court of Australia, information for people seeking review of migration decisions. Updated by VisaEnvoy for 2026.

Appeals
If you have recently been refused an Australian visa, and disagree with the decision, there are some steps you can take. Information below may help you to generally better understand your options.
- Visa refusal appeal assessment form
  
  ART Review (formerly AAT)
  
  ART Fees
  
  Federal Circuit and Family Court
Visa Cancellations
Not all decisions are reviewable by the ART. For example, you cannot apply to have a decision reviewed by the ART if the Minister personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958.
- Visa cancellations
- Notice of Intention to Consider Cancellation (NOICC)
Ban
- Ban
  
  Public Interest Criterion 4020
  
  Re-entry ban or exclusion period
Other
Other
News
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Federal Circuit and Family Court (formerly Federal Circuit Court)

Judicial review

Confidentiality

Time limits

Court forms

Filing and fees

Service

Court hearings

Legal costs

Withdrawing your case

Legal advice

Appeals

Visa Cancellations

Ban

Other

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