Immigration Judicial Review
When a visa decision is legally wrong
Judicial review of visa refusals, cancellations and Tribunal decisions in the Federal Circuit and Family Court and the Federal Court. The court does not decide whether you deserve the visa. It decides whether the decision was made lawfully, and that is the question we answer first.
What we do
Judicial review, step by step
Judicial review is the last stage in most visa disputes, and it is narrower than most people expect. The court asks whether the decision-maker made a jurisdictional error: misread the law, ignored something it had to consider, denied you a fair hearing, or reached a conclusion no reasonable decision-maker could reach. We tell you plainly whether there is an arguable error before you spend money on proceedings.
The question
Was the decision lawful?
An honest read of the decision for the kind of error a court can correct.
The deadline
Thirty-five days
Most applications must be filed within 35 days of the decision. We confirm the date first.
The outcome
Made again, properly
A successful case sends the decision back to be made again according to law.
01
Is there a case?
Reading the decision for jurisdictional error
We review the decision, the Tribunal’s reasons, the hearing record and the Department’s file, and identify the grounds a court could act on. If there is no arguable error, we say so, and explain any other options that remain.
- Failure to consider claims or evidence
- Procedural unfairness, including at the hearing
- Misreading the visa criteria or the Migration Act
- Illogical or unreasonable findings
02
Time limits
Thirty-five days, and the clock is already running
An application for judicial review of most migration decisions must be filed in the Federal Circuit and Family Court within 35 days of the decision. The court can extend that time only if it is satisfied an extension is in the interests of the administration of justice, and a late application starts at a disadvantage. Send us the decision the day you receive it.
03
The proceedings
Federal Circuit and Family Court, and appeals
We prepare and file the application, the supporting evidence and written submissions, appear at every hearing, and deal with the Minister’s lawyers throughout. Where a decision goes against you, we advise on appeal to the Federal Court and, with special leave, the High Court.
- Originating application and grounds
- Affidavit evidence and the court book
- Written submissions and hearing
- Appeals to the Federal Court and High Court
04
Character and cancellation decisions
Section 501 and decisions the Minister makes personally
Character cancellations and decisions the Minister makes personally often cannot go to the Tribunal at all, so the court is the only review. These matters move quickly and frequently involve detention. We act urgently, including on applications to restrain removal while the case is heard.
05
If you win, and if you do not
What a court order actually does
A successful application sets the decision aside and sends it back to be made again according to law; the court does not grant the visa. We advise on the remitted decision, on any request for ministerial intervention the law allows, and on your bridging visa position throughout.
How we work
Three steps
01
Send us the decision
The refusal or cancellation, the Tribunal decision if there is one, and the date you received it. We confirm the deadline first.
02
An honest view of the grounds
We read the record and tell you whether there is an arguable jurisdictional error, and what proceedings will cost by stage.
03
Filed, argued and followed through
We prepare the application, evidence and submissions, appear at the hearing, and advise on what comes next, whatever the result.
Who you will work with
Principal
Tsungai Mukushi
Principal of the firm, admitted in 2008, with Federal Court and Supreme Court experience. Tsungai leads the firm’s court work, including judicial review of migration decisions, and reads every decision for the legal error that a court can actually act on.
Special Counsel
Lorraine Lim
Over 18 years as a solicitor in Malaysia and Australia, including as a partner of a boutique firm, with a practice spanning property and immigration law. Lorraine is known for steady, empathetic guidance through visa refusals and the reviews that follow.
Special Counsel
Suekjin Park
Commercial and immigration law, with a background in international business that gives him a practical view of cross-border lives and businesses. Suekjin holds a Bachelor of Laws from Swinburne and a Graduate Diploma of Legal Practice from the College of Law.
Client feedback
Voices of excellence
Live rating and reviews from the firm’s Google Business Profile.
Common questions
Immigration judicial review questions, answered
Can the court give me the visa?
No. If the court finds a jurisdictional error it sets the decision aside and sends it back to the Tribunal or the Department to be made again according to law. The new decision can still be a refusal, which is why the strength of the underlying case matters as much as the error.
What is a jurisdictional error?
An error serious enough that the decision was not one the decision-maker was legally authorised to make. Common examples are failing to consider a claim or evidence, denying procedural fairness, misreading the law, or reaching a finding that is illogical or unreasonable. A decision you disagree with is not, on its own, a jurisdictional error.
Can I stay in Australia while the case is heard?
That depends on your current visa and bridging visa, and on whether you are in detention. We check your position at the outset, and where removal is a risk we deal with it first.
What does judicial review cost?
We quote by stage before you commit. If the application is unsuccessful the court usually orders the applicant to pay the Minister’s legal costs, and we explain that exposure before anything is filed.
Also relevant
Related services
Litigation & disputes
Court work run at the lowest cost that still protects your position.
Related reading
Immigration Judicial Review reading
Articles and briefings from the firm on this area. Plain English, no lecture.
Next step
A visa decision you think is wrong?
Send it to us with the date you received it. We will confirm the deadline and tell you whether there is a case worth bringing.