The My Migration Lawyers Difference

Affordable fees

Competitive professional fees make experienced legal representation more accessible.

Instalment payment options

Pay professional fees in manageable instalments throughout your matter.

Experienced lawyers

Experienced representation for visa applications, refusals, cancellations and judicial reviews.

Complex matter capability

Experienced representation when complications, refusals, cancellations or judicial reviews arise.

This is the point almost everyone gets wrong. At the Tribunal you argue the merits and you can put in new evidence. At the Court you argue law, and evidence about your relationship, your country or your circumstances is generally irrelevant. A matter that was simply decided against you on the facts usually has no judicial review path at all.

What the Court looks for is jurisdictional error: a failure to consider something the decision maker was required to consider, a denial of procedural fairness, a misconstruction of the legal test, or a finding made with no evidence capable of supporting it.
If it finds one, the matter goes back to be decided again according to law. It does not go to a grant.
Professionals meeting in an office, judicial review of a migration decision
Where to Start
Merits vs Law
The Grounds
Evidence
The Process
What Goes Wrong
How We Help
Questions
MML
Where to Start

Where Judicial Review Fits

Short answer

Judicial review is what remains after merits review has run out, and it is a considerably narrower thing than most people expect it to be. Start with where you actually are in the process, because what is open to you differs entirely depending on what has already happened and which decision you are dealing with.

The Tribunal Affirmed
Your Decision

The usual starting point. Merits review has been exhausted and what remains is a question of law: was the Tribunal's decision lawfully made. That is a different question from whether it was correct.

You Are Outside
the 35 Days

Unlike the Tribunal, the Court can extend. It must be satisfied that an extension is necessary in the interests of the administration of justice, and the longer the delay the more persuasive the explanation must be.

You Think There Was a
Legal Error

Something the decision maker had to consider was not considered, you were not given a fair opportunity to respond, the test was applied wrongly, or a finding was made with no evidence to support it.

Some Decisions Cannot
Be Reviewed Here

The Court has no jurisdiction over certain decisions, including character decisions made personally by the Minister and decisions that could have gone to the Tribunal but did not. Establishing this early saves a great deal.

Which Court
Hears It

Most migration judicial review starts in the Federal Circuit and Family Court, Division 2. Appeals go to the Federal Court. The High Court has its own constitutional jurisdiction and its own 35 day limit.

You Have Not Been to the
Tribunal Yet

Then judicial review is almost certainly not your path. Merits review is where evidence is heard and facts are decided, and skipping it usually removes the Court's jurisdiction entirely.
Not sure whether you have a legal error or just a bad outcome? That is the question worth answering first.
Speak to Our Lawyers
MML
Merits vs Law

What Is Jurisdictional Error

Short answer

An error that goes to whether the decision maker had the authority to make the decision they made. Not a disagreement about weight, not an unfair outcome, and not a finding you believe is wrong on the facts. The Court is asking whether the decision was made according to law.

The 35 days runs from the date of the migration decision. Section 477(2) allows the Court to extend where it is satisfied that doing so is necessary in the interests of the administration of justice. An extension must be asked for in the application itself, with an explanation for the delay. There is no right of appeal from a refusal to extend.
Lawyer offering support to a client, judicial review lawyers Australia

Tribunal review compared with judicial review

 
Administrative Review Tribunal
Judicial Review
What is decided
The application again, on the merits
Whether the decision was lawfully made
New evidence
Allowed
Generally not
Do you give evidence
Yes, at a hearing
No. Argument on the law
Can it grant the visa
It can remit with directions
No
If you win
Remitted to the Department
Remitted to the Tribunal, decided again
Time limit
Varies by decision
35 days, section 477
Extension of time
Not available
Possible, in the interests of the administration of justice
Where
The Tribunal
Federal Circuit and Family Court, Division 2
Whether you have a legal error or a bad outcome is the whole question. It is worth an hour to find out.
Speak to Our Lawyers
MML
PARTNER VISA VIDEO

Judicial Review Australia Explained

In this video, My Migration Lawyers explains the main legal pathways that may be available following an adverse immigration decision.

ART review and judicial review are also fundamentally different. The ART may reconsider the merits of an eligible decision, while a court generally examines whether the decision involved a jurisdictional or legal error. A court does not simply remake the visa decision because it considers another outcome preferable.

My Migration Lawyers provides immigration legal advice and representation for visa refusals, visa cancellations, ART reviews, judicial review proceedings and complex immigration matters.
MML
Speak To Our Lawyers

Send Us the Tribunal Decision

One of our migration lawyers will read the decision record for jurisdictional error, confirm your deadline, and tell you honestly whether an application is worth running. Everything you tell us is covered by legal professional privilege.

Judicial review, extension of time applications, Tribunal review, visa refusals, cancellations and NOICC responses.

I came to this firm for help with my protection visa because I was very confused about the process. They listened to my situation carefully and explained what information and documents would be important. I feel much more comfortable having professional help with everything.

MML

Mariam K

Connect with our friendly team

1300 040 300
Or fill in the form & we'll call you
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
MML
The Grounds

What Counts as a Legal Error

Short answer

There is no closed list, but the errors that succeed in migration matters fall into recognisable categories. What they share is that each goes to the lawfulness of the process rather than to whether the outcome was fair or correct on the facts.

Time limit

35

days
From the date of the migration decision, under section 477.

Extension

Possible

Where necessary in the interests of the administration of justice.

If you succeed

Remitted

Sent back to be decided again according to law. Not a visa grant.
Legal adviser reassuring a client, jurisdictional error grounds for judicial review
The most common successful grounds are a failure to consider a matter the decision maker was bound to consider, a denial of procedural fairness such as not putting adverse information for comment, a misconstruction of the legal test being applied, a finding made without any evidence capable of supporting it, and a failure to deal with a claim that was clearly raised on the material.

What is not a ground is that the decision maker preferred one piece of evidence over another, disbelieved you, or reached a conclusion you consider unreasonable on the facts. Those are merits arguments, and merits arguments belong at the Tribunal. Reading a decision record properly is the only way to tell which you have.

A decision record has to be read closely to find an error. That reading is the whole exercise.
Speak to Our Lawyers
MML
Evidence

What a Judicial Review Application Needs

Short answer

Identified grounds of jurisdictional error, drawn from the decision record itself and expressed in the language the Court uses. An application saying the Tribunal got it wrong, without pointing to an error of law in the reasons, will not survive the first directions hearing.
Lawyer reviewing a document with a client, reading the Tribunal decision record

The Decision
Record

The Tribunal's written reasons, read closely. The error, if there is one, is in that document and nowhere else.

Identified
Grounds

Each ground pleaded specifically, tied to a passage in the reasons, and framed as a legal error rather than a disagreement.

An Extension if You Need One

Asked for in the application itself, with an explanation for the delay. The longer the delay, the more persuasive the explanation must be.

Honest Advice on Prospects

Not every bad decision contains a legal error. Running an application with no arguable ground costs money and can carry a costs order.
The grounds come out of the decision record. Have it read before you commit to anything.
Speak to Our Lawyers
MML
The Process

How Judicial Review Works

Short answer

It is a court proceeding rather than an administrative application, and it runs differently from everything that came before it. There is no hearing where you tell your story and no opportunity to explain your circumstances. There is legal argument about a document, decided by a judge on the law.
0
1
2
3
4
5
6
7
8
01

Get the Decision Record and Have It Read

The error, if there is one, is in the Tribunal's written reasons. Everything starts with a close reading of that document by someone who knows what to look for.

02

Calculate the 35 Days

From the date of the migration decision. Diarise it immediately, and if you are already outside it, that changes the application rather than ending it. Unlike the Tribunal, the Court can extend. But an extension has to be asked for and explained.

03

Confirm the Court Has Jurisdiction

Some decisions cannot be reviewed in the Federal Circuit and Family Court at all, including character decisions made personally by the Minister. Establishing this early saves a great deal.

04

Identify the Grounds

Each one tied to a passage in the reasons and framed as a legal error. A general complaint that the decision was wrong is not a ground.

05

Get Honest Advice on Prospects

Not every bad decision contains a legal error. An application with no arguable ground costs money and can carry a costs order against you.

06

File the Originating Application

In the Federal Circuit and Family Court, Division 2, with an extension of time application if you need one.

07

Written Submissions and Directions

The matter proceeds on documents and legal argument. There are directions hearings and timetables, and missing them has consequences.

08

The Hearing and the Outcome

If an error is found the matter goes back to the Tribunal to be decided again according to law. It does not go to a visa grant.

Everything starts with reading the decision record. That is where the answer is.
Speak to Our Lawyers
MML
Speak To Our Lawyers

Get Clear Answers Before You Lodge

Send us the details of your situation. One of our migration lawyers will work through your account, identify who can give evidence, and frame the claim around what actually persuades.

The application charge is not refunded if the application is refused, so it is worth getting the assessment right before you pay it.

I came to this firm for help with my protection visa because I was very confused about the process. They listened to my situation carefully and explained what information and documents would be important. I feel much more comfortable having professional help with everything.

MML

Mariam K

Connect with our friendly team

1300 040 300
Or fill in the form & we'll call you
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
MML
What Goes Wrong

Why Do Judicial Review Applications Fail

Short answer

Overwhelmingly because there was no jurisdictional error to find. The decision was lawfully made and simply went against the applicant. The second most common reason is a merits argument dressed in legal clothing, which the Court identifies immediately and dismisses.

There Was No
Legal Error

The decision was lawfully made and simply went against you. That is the most common outcome and no drafting fixes it.

A Merits Argument in Legal Clothing

Arguing the Tribunal should have believed you, or weighed the evidence differently, is a merits argument. The Court will say so.

Grounds Not Tied to the Reasons

Each ground has to point at something in the decision record. General complaints about unfairness are not grounds.

Filed Outside 35 Days
With No Extension Sought

The Court can extend, but only if asked. An extension application has to be made in the application itself.

A Delay That Was Never Explained

The longer the delay, the more persuasive the explanation must be. An unexplained delay is usually fatal to an extension.

The Court Had No
Jurisdiction

Some decisions cannot be reviewed there at all, including character decisions made personally by the Minister.

Never Going to the Tribunal First

Skipping merits review usually removes the Court's jurisdiction entirely, and the evidence you wanted heard is never heard.

Underestimating the Costs Risk

This is court litigation against the Commonwealth. An unsuccessful application can carry a costs order.
The first two cannot be drafted around. That is why an honest assessment before you file matters more here than anywhere.
Speak to Our Lawyers
Lawyer working at a desk in an office, judicial review lawyers Australia
MML
How We Help

How My Migration Lawyers Assists With Judicial Review

Short Answer
‍
We read the decision record for jurisdictional error, tell you honestly whether an arguable ground exists, confirm the 35 days, deal with any extension application, draft the grounds, file in the Federal Circuit and Family Court and run the proceeding through to hearing.
1

Reading the Decision Record

The error, if there is one, is in the Tribunal's written reasons and nowhere else. That close reading is the whole exercise and it is the first thing we do.
2

Honest Advice on Whether a Ground Exists

Not every bad decision contains a legal error. Where there is no arguable ground we say so, because filing anyway costs money and can carry a costs order against you.
3

Distinguishing Merits From Law

The most common failed application is a merits argument in legal clothing. We identify which you have before anything is filed, not after the Court points it out.
4

Confirming the 35 Days

The period runs from the date of the migration decision. We calculate it and confirm it in writing, because it determines whether an extension application is also needed.
5

Extension of Time Applications

Unlike the Tribunal, the Court can extend where it is necessary in the interests of the administration of justice. It has to be asked for in the application, with an explanation.
6

Explaining the Delay Persuasively

The longer the delay, the more persuasive the explanation has to be. That is a real argument requiring evidence, not a covering note.
7

Checking the Court Has Jurisdiction

Some decisions cannot be reviewed in the Federal Circuit and Family Court, including character decisions made personally by the Minister. We establish that before you spend anything.
8

Drafting the Grounds

Each ground tied to a passage in the reasons and framed in the language the Court uses. Grounds that do not point at the record do not survive.
9

Filing the Originating Application

In the Federal Circuit and Family Court, Division 2, with the extension application where one is needed, within the timetable the Court sets.
10

Written Submissions

The matter is decided on documents and legal argument. The submissions are the case, and they are where the work is.
11

Directions Hearings and Timetables

Court proceedings run on directions and deadlines that are not the Department's. We manage them so nothing is missed.
12

Appearing at the Hearing

There is no evidence given and no story told. There is legal argument, and we make it.
13

Advising on the Costs Risk

This is litigation against the Commonwealth. We tell you what the exposure looks like before you decide, rather than after.
14

Appeals to the Federal Court

Where the outcome is wrong in law an appeal may be available. Its own deadlines apply and they are separate from the ones already run.
15

Ministerial Intervention Where the Court Is Closed

Where no legal error exists, or the Court has no jurisdiction, intervention may be the only thing left. It is narrow and framing it correctly is the whole task.
16

Carrying a Remittal Back Through the Tribunal

Succeeding sends the matter back to be decided again. That is a second Tribunal matter, and we run it rather than handing it back to you.

What Working With Us Looks Like

Lawyers, not agents

Your matter is handled by Australian lawyers, and everything you tell us is covered by legal professional privilege.

Told before you file

Where no arguable ground exists we say so, rather than taking a fee for an application that cannot succeed.

Fees and costs risk in writing

You know the professional fee, and the costs exposure, before you decide whether to file.

One firm from start to finish

The same team runs the assessment, the lodgement, the submissions and the hearing. Nothing is handed off midway.
The 35 days is already running. Send us the decision today.
Speak to Our Lawyers
MML
Questions

Judicial Review Frequently Asked Questions

Answers to the questions Indonesians applicants ask most often. See also our 30 protection visa FAQs and 30 LGBT protection visa FAQs.

What Is Judicial Review

An application to a court asking whether a migration decision was lawfully made. It is not a second appeal. The Court does not reweigh evidence, does not hear your case again, and cannot grant you a visa.

How Long Do I Have

Thirty five days from the date of the migration decision, under section 477 of the Migration Act. The Court may extend that period where it is satisfied an extension is necessary in the interests of the administration of justice.

Can the 35 Days Be Extended

Yes, unlike the Tribunal. But it must be asked for in the application itself, with an explanation for the delay. The longer the delay, the more persuasive the explanation has to be, and there is no right of appeal from a refusal to extend.

What Is Jurisdictional Error

An error going to whether the decision maker had authority to make the decision they made. Common examples are failing to consider something they were bound to consider, denying procedural fairness, misconstruing the legal test, or making a finding with no evidence to support it.

What Is Not a Ground

That the decision maker preferred one piece of evidence over another, disbelieved you, or reached a conclusion you consider unreasonable on the facts. Those are merits arguments and they belong at the Tribunal.

Which Court Hears It

Most migration judicial review begins in the Federal Circuit and Family Court of Australia, Division 2. Appeals go to the Federal Court. The High Court has its own constitutional jurisdiction, also on a 35 day limit.

Can I Give the Court New Evidence

Generally no. The Court decides whether the decision was lawfully made on the material that was before the decision maker. New evidence about your relationship, your country or your circumstances is usually irrelevant.

What Happens if I Win

The matter is remitted to be decided again according to law. That is not a visa grant and it is not a guaranteed different outcome. It means the decision is made again, properly.

Are There Decisions the Court Cannot Review

Yes. The Federal Circuit and Family Court has no jurisdiction over certain decisions, including character decisions made personally by the Minister, and decisions that could have gone to the Tribunal but did not.

Do I Have to Go to the Tribunal First

In almost all cases, yes. Skipping merits review usually removes the Court's jurisdiction entirely, and it means the evidence you wanted heard is never heard by anyone. See Visa Refusals.

What if I Lose

Costs can be ordered against an unsuccessful applicant. This is litigation against the Commonwealth, not an administrative application, and the exposure should be understood before you file.

What if There Is No Legal Error

Then judicial review is not open to you and no drafting changes that. What may remain is ministerial intervention, or a fresh application where one is available. We tell you that before you spend anything.

MML
About the Reviewer

Who Reviewed This Page

Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang, Principal Lawyer at My Migration Lawyers

Weiwei Zhang

Managing Director and Principal Lawyer, My Migration Lawyers
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Meet Weiwei
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
16 September 2026
Question not answered here? Ask our lawyers directly.
Speak to Our Lawyers