Procedures which have been unfair
Failing to apply the right legal principles or visa criteria
Decisions which are based on non-existence evidence
Where a decision is unreasonable as it is illogical or irrational
The court will only examine cases with an error of law. Errors of law include:
Reviewing your case materials, advice, making an application to the Federal Circuit Court of Australia / Federal Court of Australia, making legal submissions and representing your in the court hearing
What is a Judicial Review?
A Judicial Review is a process where the court examines the lawfulness of a migration decision (usually by the AAT). It supervises the Tribunal and lower courts, and prevents them from making decisions outside their authority.
If the court finds an error in the decision, it will consider the decision legally invalid and refer the case back to the AAT.