Important Note – Federal Court (Judicial Review)
Nexa Migration does not provide Federal Circuit and Family Court (FCFCOA) or Federal Court services.
The Federal Circuit and Family Court of Australia can review some decisions made under the Migration Act 1958, including decisions made by:
- the Minister for Immigration
- the Administrative Appeals Tribunal (AAT/ART)
- the Immigration Assessment Authority (IAA)
Merits Review vs Judicial Review (Key Difference)
Merits Review (AAT/ART)
A merits review looks at the full case again and decides what the correct or preferable decision should be.
This includes reviewing:
- the facts of your application
- the evidence you provided
- whether the visa should be granted or refused
Judicial Review (Federal Court)
A judicial review is different.
The Court does not reconsider your visa application or decide whether you deserve a visa.
The Court can only review a decision to check whether a jurisdictional error occurred — meaning whether the decision was made according to law.
What the Court Can Do
If the Court finds a jurisdictional error, it may:
- send the matter back to the decision maker for a new decision, and/or
- stop the Minister from acting on the decision
What the Court Cannot Do
The Court cannot:
- reconsider the facts of your visa application
- accept new evidence (except where relevant to jurisdictional error)
- grant you a visa
Our Services
We only provide services for AAT/ART migration appeals after a visa refusal or cancellation.
