Need help? We are available to speak to you 7 days a weekRead More

Australia's largest independent migration law firm. Get a FREE Consultation T&C's apply

Need help? We are available 7 days a week.

Cross symbol icon
Open 7 days
Smartphone icon
1300 150 745

Migration Court Review Lawyers Perth

Judicial Review of Migration Decisions in Perth Courts

If your visa or migration matter has been refused by the Administrative Review Tribunal (ART), you may still have legal options through a migration court review. Our Perth migration lawyers provide expert advice on whether a tribunal decision contains legal errors and whether it can be challenged in court. We assist with preparing judicial review applications, legal arguments, and court representation to ensure your case is properly presented before the Federal Circuit and Family Court.

Ranked Best Lawyers
2026 & 2027

Winner of the
Australian Law Awards

Ranked Best Law
Firms Australia 2027

Ranked in Doyle’s
Guide Leading Immigration
Lawyers 2023-26

Chat icon graphic

Claim your consultation

Tell us about your situation, and we will get back to you shortly.

Disclaimer copy

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Chat icon graphic

Claim your consultation

Tell us about your situation, and we will get back to you shortly.

Disclaimer copy

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

What Is a Migration Court Review?

A migration court review is a legal process where a court examines whether a migration decision was made according to law. Unlike an appeal, the court doesn't reassess the facts of your visa case, and instead focuses on whether legal errors occurred during the decision-making process. This distinction between a court review and a merits review matters: an ART appeal reconsiders your case on its merits, while a court review only considers whether the decision was lawfully made.

Difference between ART appeals and court reviews
ART appeals involve a full merits review, where the tribunal reassesses facts and evidence. Court reviews, however, only consider whether the tribunal or decision-maker made a legal or procedural error.
Role of the Federal Circuit and Family Court of Australia
This court reviews migration decisions to determine whether jurisdictional errors or other legal mistakes occurred. It doesn't substitute its own decision but may set aside unlawful decisions.
Legal grounds required for judicial review
You must establish that a legal error occurred, such as a procedural fairness breach, misinterpretation of law, or failure to properly consider relevant evidence.

When Can You Apply for a Migration Court Review?

After an unsuccessful ART appeal

You may apply for a court review if your ART appeal has been unsuccessful and you believe the tribunal made a legal error in its decision.

When there is a legal error in the tribunal decision

Court review is only available where the decision involves a jurisdictional or legal error, not simply because you disagree with the outcome.

When procedural fairness was denied

If you weren't given a fair opportunity to present your case, respond to adverse information, or receive proper notice, you may have grounds for review.

Courts That Handle Migration Judicial Reviews

Federal Circuit and Family Court of Australia (Migration Division)

This court, commonly known by its acronym FCFCOA, handles most migration judicial review applications through its migration list, and is often the first level of court review for visa matters.

Federal Court of Australia

The Federal Court hears more complex or significant migration matters, including certain appeals from the Federal Circuit and Family Court, which may in turn proceed to the Full Federal Court.

High Court of Australia (special leave applications)

In rare cases, migration matters may proceed to the High Court, but only where special leave is granted due to important legal questions.

Migration Court Review Legal Assistance in Perth

Reviewing tribunal decisions for legal errors

We conduct a detailed review of your ART decision, including the written reasons, hearing transcript where available, and supporting case materials. The focus is on identifying whether the tribunal made a jurisdictional error, failed to apply the law correctly, overlooked relevant evidence, or relied on irrelevant considerations.

Preparing court applications and legal arguments

If legal grounds exist, we prepare and lodge the necessary court documents within strict filing deadlines, including drafting the application for judicial review and preparing supporting affidavits and evidence.

Representation during court hearings

We provide full representation throughout Federal Circuit and Family Court or Federal Court proceedings, including directions hearings, interlocutory applications, and final hearings.

Strategic advice for complex immigration litigation

We provide honest and practical advice on the strengths and weaknesses of your case, including alternative migration pathways that may be available if court action isn't viable or successful.

The Australian Migration Lawyers difference

Meet With Our Perth Migration Court Review Lawyers

At your initial consultation, you'll meet directly with one of our migration lawyers. They will explain our services, discuss your options, and guide you through the entire process. You'll also receive a fixed, upfront fee for ongoing services.

We offer a range of flexible payment options. In addition to our friendly, compassionate in-person support in Perth, we also provide online appointments for your convenience.

Visit us icon

Visit us (by appointment)

Level 12/26 St Georges Terrace, Perth WA 6000

Phone icon

Phone

Call us on 1300 150 745

Office hours icon

Office hours

Monday – Friday: 9am – 6pm

Saturday – Sunday: 9am – 1pm

Parking icon

Parking

Undercover parking at Wilson Parking (4 min walk)

Payment options icon

Payment options

Bank transfer, credit card (Mastercard, VISA, or AMEX), 3-6 monthly instalments available in some cases

Visa Services from Trusted Perth Migration Lawyers

50+ years

years of combined experience

100% success rate

for Partner visas for genuine and continuing spousal relationships

Experienced

migration lawyers and migration agents representing clients at tribunal and court level

Award winning

law firm, recognised as leading migration lawyers and migration agents

Our Perth Success Stories

Regional locations

Find your destination:

Expert Migration Law Services Across Australia

Our legal expertise in migration law extends far beyond assisting clients in Australia's capital cities. We provide comprehensive support to individuals, families, and businesses in many locations across the country.

or

Migration Court Review Process

1

Reviewing the ART decision for legal errors

We carefully examine the tribunal's decision to identify any jurisdictional or procedural errors that may support a court challenge.

2

Filing a judicial review application in court

If grounds exist, we prepare and lodge the necessary court documents within strict legal time limits.

3

Preparing legal submissions and evidence

We draft detailed legal arguments outlining the errors made in the decision and supporting case law.

4

Court hearings and legal arguments

We represent you in court, presenting arguments and responding to the Department's legal submissions.

5

Court judgment and possible outcomes

The court may set aside the decision, send the matter back for reconsideration, or dismiss the application.

Legal Grounds for Judicial Review

Jurisdictional error by the tribunal

A jurisdictional error occurs when the ART exceeds its legal authority or fails to exercise its power correctly under migration law. This may include applying the wrong legal test, misunderstanding the scope of its decision-making power, or making findings not legally open on the evidence. Where jurisdictional error is established, the court may set aside the decision as legally invalid, sometimes through orders such as certiorari to quash the decision or mandamus to compel the decision-maker to act according to law.

Denial of procedural fairness

Procedural fairness, also known as natural justice, requires that you're given a fair and reasonable opportunity to present your case and respond to adverse information before a decision is made. A procedural fairness breach may occur if you weren't properly notified of issues affecting your case, weren't given access to adverse material, or weren't given a meaningful opportunity to respond. In some cases, this can overlap with an apprehended bias claim, where the circumstances suggest the decision-maker may not have approached the matter with an open mind.

Failure to consider relevant evidence

A tribunal decision may be legally flawed if it fails to properly consider evidence that is relevant and material to the outcome of your case.

Incorrect interpretation of the migration law

This ground arises where the tribunal misapplies, misunderstands, or incorrectly interprets provisions of the Migration Act or associated regulations. In rare cases, this can amount to an error of law on the face of the record, a narrower and more technical ground than jurisdictional error, which may be raised in addition to it depending on the circumstances.
Migration Court Review

Important Deadlines for Migration Court Reviews

Strict time limits apply to migration court review applications. Under Section 477 of the Migration Act 1958, you generally have 35 days from the date of the decision to file for judicial review of a migration decision. The court may extend this deadline at its discretion if it's satisfied that doing so is in the interests of justice, but there's no guarantee an extension of time will be granted, so it's important to seek advice as early as possible.

Documents Required for a Migration Court Review

ART decision and tribunal records

The written decision and all related tribunal documents are essential for identifying legal errors.

Migration application history

This includes your visa applications, refusals, and appeal records.

Supporting legal documentation

Any evidence relevant to procedural fairness or legal errors should be provided.

Written legal arguments and affidavits

These documents form the basis of your court case and outline the grounds for review.

Possible Outcomes of a Migration Court Review

Court sets aside the tribunal decision

If the court finds that a jurisdictional or legal error has occurred, it may set aside, or quash, the Tribunal's decision. In some cases, this can reopen your migration matter, though the court itself doesn't usually grant a visa; it focuses on correcting legal errors in the decision-making process.

Court sends the case back for reconsideration

Where a decision is set aside, the court will often remit the matter to the Administrative Review Tribunal or the original decision-maker for reconsideration, this time in accordance with the law as clarified by the court.

Court dismisses the application

If the court determines that no jurisdictional or legal error has been proven, the application will be dismissed and the original tribunal decision remains in effect.

Risks and Considerations in Migration Court Litigation

Legal costs and court fees

Court proceedings can involve significant legal and filing costs depending on complexity.

Risk of losing the case

If unsuccessful, you may be required to comply with the original visa refusal outcome.

Importance of strong legal grounds

Court reviews are only successful where clear legal errors can be demonstrated.

Australian Migration Lawyers team

Costs Involved in a Migration Court Review

Federal court filing fees

As at 1 July 2026, the individual filing fee for a migration matter in the Federal Circuit and Family Court is $4,180 (full fee) or $2,090 (reduced fee where eligible), one of the main costs involved in a migration judicial review, alongside a setting-down fee and daily hearing fee of $1,035 each for an individual applicant.

Legal representation and litigation costs

Costs vary depending on case complexity and level of court involvement.

Additional legal preparation expenses

These may include document preparation, affidavits, and expert legal submissions.

Why Choose Our Perth Migration Court Review Lawyers

We provide experienced legal representation in migration litigation matters, including judicial review applications in the Federal Circuit and Family Court. Our approach focuses on identifying legal errors, building strong arguments, and guiding clients through complex court processes.

Migration Court Review
Migration Court Review

Migration Court Review Hearings in Perth

Migration matters for Western Australia are heard at the Commonwealth Law Courts, Peter Durack Building, 1 Victoria Avenue, Perth. This is the Federal Circuit and Family Court's own registry, not an AML office. Court documents are filed with, and hearings conducted by, the Court directly, though our lawyers appear on your behalf in proceedings connected to this registry.

Award-winning Immigration Lawyers in Perth

Our Perth office brings nationally recognised immigration law expertise directly to Perth and Western Australia clients. Every award listed below was earned through independent assessment, including peer review, client feedback, and workplace audits. When you work with our immigration lawyers in Perth, you are working with a firm whose quality has been verified from the outside.

2027
|
Best Lawyers
Best Law Firms Australia

Australian Migration Lawyers is ranked in the 2027 Best Law Firms - Australia edition by Best Lawyers. Firm rankings are determined through client feedback, peer nominations, and overall market reputation. Inclusion confirms the firm delivers top-tier legal services in immigration law at a national level.

Read More
2027
|
Best Lawyers
Best Lawyers in Australia™ Immigration Law

Perry Q. Wood is recognised in the 2027 Best Lawyers in Australia™ edition for Immigration Law. This ranking is awarded exclusively through confidential peer review by senior lawyers in the same practice area. It is the leading global legal directory benchmark.

Read More
2026
|
Doyle's Guide
Leading Immigration Law

Perry Q. Wood is ranked as a Leading Immigration Lawyer in Victoria in Doyle's Guide 2026. Four consecutive years of inclusion in Doyle's Guide establishes a verified, long-term record of excellence and peer recognition in Australian immigration law.

Read More

Costs involved when applying for an Australian visa in Perth

The government costs vary for each visa type, and you also need to factor in the cost of living while you await the outcome of your visa application. Consulting a reliable Perth immigration lawyer can clarify details relating to specific visas and guide you on professional fees, Department of Home Affairs fees and other associated costs.

Book consultation

Meet our expert team in Perth

Our immigration lawyers in Perth are available 7 days a week. When you work with us, you deal directly with your lawyer from the first consultation through to the outcome of your matter.
Hayley Kim Australian Legal Executive

History of migration in Perth

Perth's history of migration dates back to the early 19th century, when the Swan River Colony was established in 1829 as a free settlement, attracting British settlers to Western Australia's coastline. The discovery of gold in the 1890s transformed Perth almost overnight, drawing migrants from across Australia, Britain, and beyond, and cementing the city's role as the commercial heart of the west. Read More

The post-World War II era brought significant waves of migrants from Italy, Greece, and other parts of Southern and Eastern Europe, with Fremantle serving as the first point of arrival for many migrant ships. Today, Western Australia has the highest proportion of overseas-born residents of any Australian state, with approximately one in three Perth residents born overseas. This diversity continues to grow, shaped by skilled migration, humanitarian entrants, and international students from across Asia, the subcontinent, and the Pacific. Read Less

Perth's history of migration dates back to the early 19th century, when the Swan River Colony was established in 1829 as a free settlement, attracting British settlers to Western Australia's coastline. The discovery of gold in the 1890s transformed Perth almost overnight, drawing migrants from across Australia, Britain, and beyond, and cementing the city's role as the commercial heart of the west.

The post-World War II era brought significant waves of migrants from Italy, Greece, and other parts of Southern and Eastern Europe, with Fremantle serving as the first point of arrival for many migrant ships. Today, Western Australia has the highest proportion of overseas-born residents of any Australian state, with approximately one in three Perth residents born overseas. This diversity continues to grow, shaped by skilled migration, humanitarian entrants, and international students from across Asia, the subcontinent, and the Pacific.

We have experience working with LGBTIQ+ visas across Australia

FAQs About Migration Court Reviews Perth

It's a legal process where a court reviews whether a migration decision involved legal or procedural errors.

You generally have 35 days from the date of the ART decision to file for judicial review under Section 477 of the Migration Act, though the court has discretion to extend this in limited circumstances.

Generally, courts focus on legal errors rather than new factual evidence.

Timelines vary but cases can take several months depending on complexity and court schedules.

Legal representation is strongly recommended due to the technical nature of migration law and court procedures.

Migration matters for Western Australia are heard at the Commonwealth Law Courts on Victoria Avenue, Perth, through the Federal Circuit and Family Court's Perth registry.

This page provides general legal information, not legal advice, and doesn't take into account your individual circumstances. If your situation is time-sensitive, we'd encourage you to book a consultation with our team as soon as possible to get advice specific to you.

About the content author

Perry Q Wood

Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative, immigration and human rights lawyers.

Claim your free consultation

Tell us a little about your situation, and one of our migration lawyers will contact you as soon as possible.