HomeServicesPracticesMerits Review & Judicial Review
Practice

Merits review and judicial review of visa decisions

A refusal is not the end of the road, but the road has time limits. We run Tribunal reviews and court challenges of migration decisions, and tell you plainly which is worth pursuing.

Australia

Most visa refusals and many cancellations can be reviewed on the merits by the Administrative Review Tribunal, which re-examines the case and can substitute its own decision. Where the Tribunal or the Minister has made a legal error, the Federal Circuit and Family Court and the Federal Court can set the decision aside on judicial review.

The two are different in kind and in timing. We assess the decision record, advise on prospects, and prepare the evidence and submissions the forum needs — including expert reports, witness statements and legal argument on jurisdictional error.

Who this is for

  • Applicants whose visa was refused or cancelled
  • Sponsors whose nomination was refused
  • Lawyers and migration agents briefing counsel on review
  • Clients with an adverse Tribunal decision considering court

What we do

  • Applications for review at the Administrative Review Tribunal (migration and refugee divisions)
  • Hearing preparation, evidence and written submissions
  • Judicial review in the Federal Circuit and Family Court of Australia
  • Appeals to the Federal Court and special-leave advice
  • Ministerial intervention requests after an unsuccessful review
  • Advice on bridging visas and work rights while review is pending

How it works

Decision review

We read the decision record and identify the errors of fact or law that give the best prospects.

Lodgement within time

Review applications have fixed, short deadlines. We lodge on time and secure your right to remain while the case proceeds.

Hearing and outcome

We prepare you and your witnesses, appear at the hearing, and advise on the next step whatever the result.

Questions

What is the time limit to apply to the Tribunal?

It depends on the decision and whether you are in Australia — often 21 or 28 days from notification, with no extension. Check the notice and contact us immediately.

Can I work while my review is pending?

Usually a bridging visa continues, sometimes with work rights that depend on your previous visa. We confirm your position before lodging.

Is judicial review a second chance on the facts?

No. The court examines whether the decision-maker made a legal error, not whether the decision was right. That is why the Tribunal stage matters so much.

Talk to us about merits review & judicial review.

A short message with the countries involved is enough to start. We reply within one business day.