Judicial Review in Australia
Judicial review is a legal process by a court in reviewing an administrative decision made by a public authority, to ensure that the decision is not tainted by any jurisdictional error. It seeks to determine whether a decision was legally and properly made within the legal limits and power of the decision maker.
Unlike a merits review process where the Administrative Appeals Tribunal (AAT) is concerned about the facts or merits of the case and is empowered to make a fresh decision, a judicial review process focuses on the law and the decision-making process.
Where Can You Appeal a Judicial Review?
As decisions relating to immigration are a federal matter, the available avenues generally would be to the Federal Circuit and Family Court of Australia (FCFCOA), the Federal Court of Australia (FCA), or the High Court of Australia (HCA).
What Are the Grounds for Judicial Review?
The grounds for judicial review are set out in section 5(1) of the Administrative Decisions Judicial Review Act 1977 to be as follows:
- a breach of the rules of natural justice
- procedures that were required by law to be observed were not observed
- the person who purported to make the decision did not have jurisdiction to make the decision
- the decision was not authorized by the enactment in pursuance of which it was purported to be made
- the making of the decision was an improper exercise of the power
- the decision involved an error of law
- the decision was induced or affected by fraud
- there was no evidence or other material to justify the making of the decision;
- the decision was otherwise contrary to law.
A strict timeframe applies to lodge a judicial review application. If you have just received an unfavorable decision from the Administrative Appeals Tribunal (AAT), contact our office immediately to discuss your available options.