Judicial Review

In the Migration law context, when an adverse migration decision has been made by an administrator (for example, a delegate of the Minister for Home Affairs or a tribunal such as the Administrative Appeals Tribunal (AAT)), the affected party may wish to consider whether to seek judicial review of the decision.

In most, but not all cases, one has to exhaust available avenues of merits review before the relevant tribunal before seeking judicial review on the ground of a significant error of law or what is called “jurisdictional error”. In practice, therefore, most applications for the judicial review of migration decisions seek to challenge the decision of a tribunal in the appropriate Court.