If you believe a jurisdictional error has arisen in your migration case, you can appeal against the decision by lodging an application for appeal to the Federal Circuit Court. If you are unhappy with the Federal Circuit Court’s decision and there are sufficient legal merits to your case, you can continue to appeal to the Federal Court and then to the High Court of Australia.
If the court decides a jurisdictional error has been made by the decision-maker, the court will rule that the original decision is void. As a result of this,
Timeframe for an FCCA appeal (from AAT) is generally 35 days. It is necessary to establish jurisdictional error in order to have a successful outcome in an FCCA appeal.
Please consider getting expert advice. We have assisted many applications for review at the Administrative Appeals Tribunal and we have a very strong focus on fighting immigration appeals in the Federal Circuit Court and in the Federal Court of Australia.