Court Appeals

What we can do for you?

Ray Turner Immigration Lawyers represents clients in the following Courts:

• Federal Circuit and Family Court of Australia
• Federal Court of Australia
• Full Federal Court of Australia
• High Court of Australia

Ray Turner Immigration Lawyers also represents clients in the NSW Local and District Court in Traffic and Criminal matters.

Process

A court appeal will involve the following process:

1. Initial Consultation

• Consider the decision record and any other relevant documents
• A recording of any Administrative Appeals Tribunal (AAT) hearing is also very useful
• Identify any serious jurisdictional error(s)

2. Draft Application and file in the relevant Court

3. Receive all relevant documents (Court Book) from the Minister’s lawyers

4. Agree on a timetable with the Minister’s lawyers which avoids the need to attend the first directions hearing

5. If necessary, brief a competent barrister

6. Prepare your case for hearing

7. Attend hearing

Complexities

• What you ask the Court to do is set aside the original decision. The Court will only do this if you have been able to convince the judge that one or more jurisdictional (serious) errors have been made.
• The Court cannot grant you a visa. It can only return the decision to the original decision maker (Department of Immigration or Tribunal) to make the decision again according to law.
• Only rarely can you provide new evidence, which was not before the Tribunal or other decision maker.
• When the Court awards costs to an Applicant, it does not award the full fees which you have paid, you should discuss this with your lawyer before he/she lodges your appeal.

In summary, Ray Turner Immigration Lawyers has extensive experience representing clients in various courts and can guide clients through the court appeals process. The firm’s approach involves identifying jurisdictional errors and preparing a strong case for the hearing.

It is important to understand that the court can only set aside the original decision and cannot grant a visa or immigration benefit. If you are considering an appeal, it is recommended that you discuss the process and potential costs with a qualified legal professional - Ray Turner Immigration Lawyers.

Please see below some of the cases we have fought on behalf of our clients: