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Federal Court of Australia

The jurisdiction on the Federal Court includes migration. The majority of cases heard by the Federal Court involve immigration matters.

The Court is constituted by the Chief justice and federal judges.

Judges are appointed in accordance with Chapter III of the Australian Constitution.

After a visa application has been refused by the Department of Immigration and the relevant tribunal or Federal Magistrates Court has also refused the visa, an appeal may be lodged with the Federal Court.

Generally, appeals from a judgment in the Federal Magistrate Court will be heard by a single judge.

For your appeal to succeed you must persuade the Court that the Federal Magistrate that heard your case in the Federal Magistrate’s Court made an error of law.

An appeal to the Federal Court can be lodged where the Federal Magistrate that heard the original case:

-made a finding of fact on an important issue which was not supported by all the available evidence, or

-applied an incorrect principle of law.

The Federal Court

  • Does not consider any new evidence/information that was not provided to the Federal Magistrate’s Court (except where special circumstances prevail), and
  • Will not call witnesses.

You will be required to lodge the relevant form and pay the relevant fee.