Judicial Review If you aren't pleased with a ruling in immigration or refugee/asylum matters, you may apply for a Judicial Review of that ruling.
A Federal Court procedure known as Judicial Review is an option to challenge decisions made by immigration authorities or public authorities. Judicial Review is only an option when both of the following conditions are met: • All other means of challenging the decision(i.e. a right of appeal) have been exhausted or unavailable • There are reasons for challenging the decision as unlawful by the Judicial Review principles.
Where the judicial review is successful, the court will not reconsider the decision that the public authority has made. The most the court can do is to 'rescind' the existing arrangement or 'declare' it to be unlawful, with the result that the public body has to reconsider the matter. When the public body reviews it, it must do so lawfully and under the legal findings made by the Federal Court. A consultation with one of our knowledgable immigration lawyers at A.R.E Law will immediately clarify whether or not this route is available to you.