FOUNDATION CIRCUIT AND FAMILY COURT OF AUSTRALIA
Judicial Review for Australian Visa Decisions
Visa Aid provides professional guidance for migration judicial review matters where a visa decision may be affected by a legal or procedural error.
Judicial review is not a re-assessment of your visa application. It is a legal process to determine whether the decision was made lawfully under the Migration Act 1958.
What Is the Foundation Circuit and Family Court?
The Federal Circuit and Family Court of Australia (FCFCOA) has jurisdiction to review certain migration decisions where:
• A legal error may have occurred
• Procedural fairness was not followed
• The decision-maker acted beyond their legal authority
The Court does not decide whether you deserve a visa.
It only reviews whether the law was applied correctly.
Important Clarification
Visa Aid does not represent clients in Federal Court litigation.
Our services are strictly limited to:
• Assessing whether a judicial review may be possible
• Explaining legal pathways clearly
• Advising on next steps after visa refusal or cancellation
• Assisting with AAT review matters only, where applicable
If your matter proceeds to the Federal Court, you must engage a qualified migration litigation lawyer.
What Is Judicial Review?
Judicial review examines how a decision was made — not why.
The Court will consider only whether a jurisdictional error occurred, such as:
• Failure to consider relevant evidence
• Legal misinterpretation of migration law
• Denial of procedural fairness
• Decision made beyond legal power
The Court cannot:
• Reassess visa eligibility
• Consider new evidence
• Substitute its own decision
• Grant a visa
Possible Outcomes of Judicial Review
If the Court finds a legal error, it may:
• Set aside the original decision
• Send the matter back to the decision-maker for reconsideration
• Prevent enforcement of the unlawful decision
The Court cannot directly approve a visa.
When Should You Seek Advice?
You should seek professional advice immediately if:
• Your visa has been refused or cancelled
• You have exhausted AAT review options
• You are facing removal or compliance action
• You are unsure whether a legal error occurred
Strict time limits apply to judicial review applications.
How Visa Aid Can Assist
Visa Aid supports clients by providing:
• Clear explanation of refusal or cancellation reasons
• Assessment of available review pathways
• Advice on AAT eligibility and deadlines
• Referral guidance for court-level legal representation
• Compliance-focused migration advice
We ensure you understand what is legally possible before you act.
Important Disclaimer
Visa Aid does not guarantee visa outcomes.
All decisions are made by the Department of Home Affairs, AAT, or Australian courts under migration law.
Need Help After a Visa Refusal or Cancellation?
If your visa has been refused or cancelled, early advice is critical.
👉 Book a consultation with Visa Aid to understand your options before deadlines expire.
