The Federal Circuit Court (Formerly Federal Magistrates Court) of Australia (the Court) can review some decisions made under the Migration Act 1958. These include decisions made by the Minister for Immigration and Citizenship (the Minister), the Refugee Review Tribunal and the Migration Review Tribunal.
The people responsible for making decisions under the Migration Act include the Minister and the Members of the Refugee Review Tribunal and the Migration Review Tribunal (the decision makers). These decision makers look at the merits of your application and whether you should or should not be granted a visa.
The Court may only review a decision in order to determine if a ‘jurisdictional error’ has been made. This means the Court determines if the decision has been made according to law. The Court is independent of the decision makers. The Court does not consider the merits of your application and whether you should or should not be granted a visa.
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