On Wednesday, our clients were successful in their Federal Court appeal with the Court quashing the decision of the Administrative Appeals Tribunal which had affirmed the Department of Immigration’s refusal of their Protection visa applications (CZT16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 819).

The history of the case demonstrates why judicial review is so critical in the protection of the rights of visa applicants.

The family first arrived in Australia over 10 years ago and MSM Legal have been assisting them since. Over the last decade, they have received:

  1. two decisions of the Department of Immigration refusing their protection visa applications; and
  2. three decisions of the Administrative Appeals Tribunal affirming the Department of Immigration’s refusal decisions.

However, after each decision of the Administrative Appeals Tribunal, MSM was able to establish that the Tribunal had fallen into legal error. If it were not for the judicial review process, the clients would have been removed from Australia many years ago, to a country where they fear persecution, based on decisions that were legally invalid.

The most recent decision of the Federal Court, found that the reasoning of the Tribunal on a key issue had no logical basis. Again, that means that if it were not for the judicial review application, the clients would have faced removal from Australia based on decision making that has now been found was not open for a rational or logical decision maker to make.

In this case, the Judicial Review outcome potentially means the difference between life and death and certainly means that the family now has the opportunity to have their case re-considered by a different Tribunal member.

Judicial review is incredibly complex, particularly in the area of immigration law given that the interpretation of the law can change rapidly. We specialise in judicial review applications and have successfully assisted clients all the way to the High Court.

If you’d like advice or assistance in relation to your situation, please feel free to contact MSM Legal for a confidential discussion, on the contact details below.

Author


Mitch Simmons, Senior Lawyer & Accredited Migration Specialist
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The information above is not exhaustive and is subject to change without notice. See the Department of Home Affairs website for current exemption criteria. The contents of this article are for reference purposes only. The contents do not constitute legal advice and should not be relied upon as such. Specific legal advice about your personal circumstances should always be sought separately before taking any action based on this publication or otherwise.