Migration

The reviewing authority has the power to set aside the decision of the department. The AAT-MRD can also remit the matter to the Department of Home Affairs to reconsider and decide the visa application in a particular manner. The review process, however, is not an easy process. The process may involve the interpretation of evidence provided to the department and the correct interpretation of the Migration Act 1958. Additionally, it requires the application of law made by the court in various judgments. One need to take utmost care with such a review application.

In case the application is unsuccessful with the AAT-MRD one may have recourse to the Federal Circuit Court of Australia. However, the window of challenge in the Federal Circuit Court is very narrow. The Federal Circuit Court would only entertain an application questioning the validity of a decision made by the AAT-MRD, only if it involves a jurisdictional error and/or involves the issue of procedural fairness. There are strict time limits to lodge an application with the Federal Circuit Court. Again, the drafting such an application requires interpretation of the Migration act 1958, the Migration Regulations, the policy and updated amendments therein made under the act and on certain occasion may require the interpretation of the Constitution of Australia.