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Appealing to the Federal Court

If the minister personally cancels a person’s visa, there is no right of review to the Administrative Appeals Tribunal. In this case, there are limited rights of appeal to the Federal Court.

An appeal must be lodged within 35 days of being notified of the Minister’s decision.

A person who has been unsuccessful at the Administrative Appeal Tribunal stage also has 35 days to lodge an appeal where there is an error of law.

See Mandatory process for cancelling a visa

More information

Legislation

Migration Act 1958 (Cth)

  • s. 476A—Limited jurisdiction of the Federal court
  • s. 486C—persons who may commence or continue proceedings in the Federal Circuit Court or Federal Court
  • s. 477A—time limits on applications to the Federal Court

See Migration Act 1958 (Cth)(opens in a new window).

Updated