The Federal Court of Australia plays a limited but vital role in immigration cases. It focuses on judicial review, not whether a visa should or should not have been granted, but whether the decision-making process was legally sound. So, what happens if you’re successful—or not—at this level?
What Happens First?
Initially, the Federal Court may schedule what’s called a Directions Hearing or Case Management Hearing.
At this stage:
- 📅 A registrar or judge will provide directions about what needs to happen next.
- 🕒 You may be given a general timeframe for when the full hearing is likely to take place.
- ✉️ All official updates—including your hearing date—will be sent to you via email.
- 📂 You might also receive instructions about:
- Filing affidavits
- Preparing a written submission
It’s your chance to get clarity on deadlines, and be prepared.
After the Final Hearing
✅ If You Are Successful in the Federal Court
A successful outcome doesn’t mean your visa is automatically granted. What it does mean is this:
- The Federal Court has found that the Administrative Review Tribunal (ART) or the Minister made a legal error.
- The ART’s decision to dismiss your appeal is considered not lawful and is set aside.
- The case is usually sent back to the ART to be reconsidered—this time, lawfully and without the previous error.
- This gives you another chance to present your case—potentially with stronger arguments or new evidence.
❌ If You Are Not Successful in the Federal Court
If the court finds no legal error, then:
- The Federal Court upholds the ART’s decision. This means the ART’s decision remains valid and final.
- The opportunity to stay in Australia under that visa pathway usually comes to an end, meaning in approximately a month the applicant has to leave Australia unless s/he can hold another visa to stay.
- The applicant may still consider appealing to the High Court, but this is rare, complex, and costly—often requiring special leave to appeal.
⚖️ Important: The Federal Court Does Not Replace the ART’s Decision
Even if you win your case at the Federal Court, it’s important to understand:
The Federal Court cannot grant you a visa or change the ART’s decision.
Instead, what the Court can do is:
✅ Find that a legal error was made in how the ART (or Minister) handled your case
✅ Set aside the ART’s decision
✅ Send the case back to the ART for reconsideration
🌀 In other words, the ART will look at your case again, but this time, they must do it without the legal mistake that was found.
This means that even after winning in Federal Court, there is no guarantee of success at the ART. But you are given a fresh opportunity—with a legally fair process.
📅 Key Timeline for Documents in Federal Court Immigration Matters
- Application for Judicial Review with the Federal Court: Must be filed within 35 days of receiving the ART’s decision.
- Service of Application: After filing, you must serve the application and supporting documents (like your affidavit and draft orders) on the Minister for Immigration (and any other parties involved) within a few business days, as per the court’s directions.
📘 What is the Court Book?
In most migration-related judicial reviews:
- ✅ The Minister’s lawyer is responsible for coordinating and compiling the Court Book.
- 🤝 This usually includes:
- The original ART decision
- The visa application
- Relevant correspondence
- Transcripts and procedural documents
- Any other materials that formed part of the ART’s review
- 🗓️ The finalised Court Book is usually sent to the applicant a while ago. In a directions hearing or callover, the judicial registrar will verify whether the applicant has received and still possesses the court book for their next hearing.
- In the event that a court book has not been prepared, the registrar will instruct and order the Minister’s lawyer to prepare and submit it to the applicant within a specified timeframe.
💰 Who Pays the Legal Costs in a Federal Court Immigration Appeal?
In the Federal Court of Australia, the general rule is:
The losing party pays the winning party’s legal costs.
🟢 If You Win:
- The Minister (or the Minister’s legal team) may be ordered to pay your legal costs, including reasonable solicitor fees and disbursements.
- This can significantly reduce your out-of-pocket expenses—but it won’t cover everything, especially if your legal team charges above-scale fees.
🔴 If You Lose:
- You may be ordered to pay the Minister’s legal costs.
- This can include government legal fees, which are often calculated at the court scale—a standard rate set by the Federal Court.
- Costs can run into several thousand dollars depending on how far your case has progressed in the Federal Court’s Judicial Review.
Disclaimer:
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. Nothing in this publication should be relied upon as a substitute for professional legal advice tailored to your individual circumstances. BL Translations, and any person acting on its behalf, does not accept any responsibility or liability for any loss, damage, or expense incurred as a result of reliance on the information provided herein. If you require legal assistance, you should seek advice from a qualified solicitor or legal practitioner.
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