Federal Court Application

When to Apply to the Federal Court

If you have received an adverse decision from the Administrative Review Tribunal (ART) regarding your visa, you may be able to appeal the decision to the Federal Court. This typically occurs when:

• The decision involves a jurisdictional error, as discussed earlier.
• The decision is based on incorrect interpretation or application of the Migration Act or Migration Regulations.
• There are issues of law that need clarification by the higher court.

A Federal Court application is a serious legal step and is typically sought when the individual has exhausted all other review options, such as the ART application. In some cases, the Federal Circuit and Family Court of Australia may have jurisdiction and can be a more cost-effective option.

Who Is Involved in a Court Case?

In legal proceedings, the people involved are called parties. The main parties in a case are:
• Applicant: If you apply to the Court to start a matter, you are called the applicant. If you are starting an appeal, you are called the appellant.
• Respondent: If a case is brought against you, you are the respondent (or defendant in certain matters).
• Self-represented litigant: If you represent yourself in the case without a lawyer, you are treated as a self-represented litigant.

What Forms Do I Need?
To start a matter in the Federal Court, you need to prepare an application form. The most commonly used form is Form 15 - Originating Application. Depending on your case, you may need additional supporting documents such as an affidavit (Form 59) or a statement of claim (Form 17).
Some cases may require a Genuine Steps Statement (Form 16), which outlines the steps taken to resolve the dispute before starting the court process.

How Do I Submit My Documents?
Once you have completed the necessary forms and documents, you need to lodge them with the Court. This can be done in several ways:
• Elodgement via the Court’s online system.
• Submitting in person at a local Registry.
• Mailing or faxing the documents.
Once the documents are lodged and accepted, they will be filed, and you will receive a Notice of Filing confirming the submission.

What Happens After Filing My Application?
Once your documents are filed correctly, the Court will issue a Notice of Filing and Hearing which includes the date and time of the first hearing. This confirms that the Court has accepted the documents and your case will proceed.

How Do I Serve Documents on Other Parties?
After filing, you must serve copies of your application on the other party. You can do this by:
• Personally delivering the documents.
• Arranging for someone else to deliver them on your behalf.
The rules require that documents be served at least 5 days before the case management hearing.

Do I Have to Pay Any Fees?
The Federal Court may require payment of fees at various stages, including:
• Filing your application.
• Paying for mediation or hearing fees.
• Paying for each day your case is heard in Court.
If you cannot afford the fees, you can apply for an exemption or deferral. You may also be required to provide security for costs if there is concern that you may not be able to cover the other party's costs if you lose.

Can the Court Refuse to Accept Documents for Filing?
The Court may refuse to accept your documents for filing if:
• They are incomplete or not properly signed.
• The document is deemed frivolous or vexatious by a Judicial Registrar.
• The Court has issued a directive not to accept the document.

 

How Bansal Lawyers Can Assist with Federal Court Applications

At Bansal Lawyers, we provide expert legal services in handling applications to the Federal Court. Our services include:

• Determining whether your case involves a jurisdictional error or legal issue: We carefully assess the case to see if it is appropriate to take it to the Federal Court.
• Preparing and filing the application: Our team handles the entire application process, ensuring compliance with court procedures and deadlines.
• Representing you in Federal Court hearings: If your case proceeds to the Federal Court, we will advocate for your rights, presenting compelling arguments to secure the best outcome for you.

Federal Court applications in migration matters are highly specialized, and it is crucial to have a lawyer with in-depth experience. Bansal Lawyers has a proven track record of successfully handling such complex cases.