Legal error only
Court looks for jurisdictional error in the ART decision. Factual disagreement alone is not enough.
ART Affirmed · 35 Days · Legal Error Only
ART affirmed your refusal? The Federal Circuit Court is next.
When the Administrative Review Tribunal affirms a visa refusal, the Federal Circuit Court is the next step. But judicial review is narrower than many applicants expect. Our immigration lawyer Prateek Maan (admitted VIC and QLD) handles Federal Circuit judicial review.
What judicial review is
A court, not a merits review.
Federal Circuit Court review is fundamentally different from ART review.
No fresh evidence
Unlike ART appeals, the Federal Circuit does not receive new evidence. It reviews the existing ART record for legal error.
35-day deadline from ART
Must be filed within 35 days of the ART decision. Extensions possible in narrow circumstances.
Outcome: set aside and remit
If successful, the Court sets aside the ART decision and remits the matter for fresh ART review. Court does not grant the visa.
Common jurisdictional errors
Four error categories.
Most successful Federal Circuit applications identify errors in these categories.
Denial of procedural fairnessTribunal relied on information not disclosed to the applicant, or denied a reasonable opportunity to respond.
Failure to consider relevant materialART overlooked evidence in the file that was material to the decision. Common in partner and character cases.
Misapplication of legal testART applied the wrong test, or misunderstood what the legal test required. Technical errors in reasoning.
Irrationality or illogicalityReasoning so flawed that no reasonable decision-maker could have reached the decision. High bar but occasionally met.
What the process looks like
Four stages.
Federal Circuit matters follow a consistent process over several months.
Lodgement within 35 days
Application filed at the Federal Circuit Court registry. Court fees payable.
Case management
Directions hearings, filing of submissions, evidence of the record. Typically 6-9 months to hearing.
Hearing
Oral argument before a Federal Circuit judge. Usually one day.
Judgment
Written judgment within weeks or months. Court sets aside or dismisses.
Federal Circuit Court success rates are lower than ART.
Judicial review is genuinely harder than ART because the grounds are narrower. Applicants with strong factual claims are often better served by fresh ART applications where available. Judicial review fits where the ART decision was legally flawed, not just unfavourable.
Common questions
The questions we hear most.
For Federal Circuit judicial review, book with Prateek Maan.
Can I continue living in Australia during judicial review?
Bridging visa typically continues through judicial review. Check specific circumstances.
What does judicial review cost?
Court fees plus legal representation. Cost varies by complexity. Detailed quotes at consultation.
If I win, do I get my visa?
Not directly. Court remits the matter for fresh ART review. ART then decides afresh with the benefit of the judgment.
Can I go to the Federal Court if the Federal Circuit refuses?
Federal Court and High Court appeals possible for further legal error. Very narrow. Specialist advice essential.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.