When applying to the Federal Court for judicial review of a migration decision, one common mistake applicants make is not ticking the right box on the application form.
Some applicants only tick:
✔️ “An order that the decision of the Tribunal, Immigration Assessment Authority or Minister be quashed.”
But they do not tick the box for:
❌ “A writ of mandamus directed to the Tribunal, Immigration Assessment Authority or Minister, requiring them to determine the applicant’s application according to law.”
This can cause problems at the first hearing (the “callover”) and in later hearings, because:
- Jurisdiction problem: The Federal Court cannot even consider a judicial review unless the application also seeks a writ of mandamus.
- Outcome problem: If your ultimate goal is to be granted a protection visa, you need two steps:
- First, you must win your case in the Federal Court.
- Then, your case is sent back to the Tribunal (or Administrative Review Tribunal) to be decided again without the legal error. 👉 The Federal Court itself cannot grant you a visa or decide that you are entitled to one.
What is a Writ of Mandamus?
A writ of mandamus is just a fancy legal way of saying:
“The court orders a government body, official, or tribunal to do what the law requires them to do.”
- Imagine the Tribunal, Immigration Assessment Authority, or Minister is supposed to decide your application fairly and according to the law, but they refuse, delay, or make a legal mistake.
- A writ of mandamus is like asking the Federal Court to step in and say:
👉 “You must perform your legal duty — review this case properly.” - The Federal Court cannot grant a visa itself. It only ensures the proper legal process is followed.
- Once the court issues the writ and the case is sent back, the Tribunal must reconsider the application correctly.
Think of it like the court saying:
➡️ “You must do your job correctly and follow the law — no excuses.”
Key Points for a Writ of Mandamus
- It’s about process, not outcome:
- The court cannot decide who gets the visa.
- It only ensures the Tribunal or Minister does what the law requires.
- It gives Federal Court jurisdiction:
- Without asking for a writ of mandamus, the Federal Court cannot even hear your judicial review application.
- It protects your chance to succeed:
- If your application is legally flawed (like missing information or a procedural error), the writ ensures your case gets properly reviewed again.
- It’s like a “do-over order”:
- The Tribunal or Minister must reconsider your application as if they had done it correctly the first time.
What happens if you missed ticking the box?
The good news: if the applicant agrees, the Registrar can make an order that the application is amended to include a request for a writ of mandamus.
That way:
- The Federal Court has jurisdiction to consider the judicial review.
- If you win, your case will go back to the Administrative Review Tribunal for a fresh decision, this time without the jurisdictional error.
BL Translations 