You may be able to appeal to the Federal Circuit Court, the Federal Court, or the High Court of Australia if you receive a negative decision from Administrative Appeals Tribunal.
The Administrative Appeals Tribunal (AAT) conducts independent merit reviews of administrative decisions made under Commonwealth laws. AAT reviews decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. AAT also reviews decisions made under Norfolk Island laws.
It is also possible that some decisions of the Immigration Department or the Tribunals can be appealed to the Federal Courts. This review revolves around whether an error of law occurred in the making of the decision.
The Court may only review a decision in order to determine if a ‘jurisdictional error’ has been made. The Court determines if the decision has been made according to law. The Court is independent of the decision makers. The Court does not consider the merits of your application and whether you should or should not be granted a visa.
The High Court of Australia is able to deal with cases which come to it on appeal or which begin in the High Court itself.
If your Visa review is unsuccessful at the AAT, one option you may have is to allow us to request the Minister to intervene in your case.
The Minister has powers under the Migration Act 1958 to replace a decision of a merits review tribunal on a person’s case with a decision that is more favourable to that person if the Minister thinks it is in the public interest to do so.