The jurisdiction of the Federal Magistrates Court includes migration. The majority of cases heard by the Federal Court involve immigration matters.
The Federal Magistrates Court is constituted by the Chief Federal Magistrate and federal magistrates.
Federal magistrates are appointed as justices in accordance with Chapter III of the Australian Constitution.
The Federal Magistrates Court was established to provide a more economical and less formal alternative to litigation in the Federal Court.
The Federal Magistrates Court has over 60 Federal Magistrates.
After a visa application has been refused by the Department of Immigration and the relevant tribunal has also refused the visa an appeal may be lodged with the Federal Magistrates Court.
The Federal Magistrates Court can review decisions made by the Minister for Immigration and Citizenship, the Refugee Review Tribunal and the Migration Review Tribunal.
The Federal Magistrates Court will review decisions to determine whether a jurisdictional error has been made. If a jurisdictional error has been made the Federal Magistrates Court can:
-refer your case back to the decision maker (relevant Tribunal, or Minister).
The Federal Magistrates Court can also exercise its jurisdiction to prevent the Minister from implementing a decision.
The Federal Magistrates Court will not:
- Reassess the facts and reasons why the relevant Tribunal or Minister refused your visa application
- Consider new information (unless the decision maker made a jurisdictional error and it is an important fact in issue)
You will be required to lodge the relevant form and pay the relevant fee.