Juridicational Error/Federal Circuit Court Application

What is Jurisdictional Error?

In migration law, a jurisdictional error occurs when a decision-maker (such as the Department of Home Affairs or the Administrative Review Tribunal) makes an error that affects the lawfulness of their decision. This can occur if the decision-maker:

• Fails to follow proper legal procedures.
• Makes an incorrect interpretation of the law.
• Acts beyond their legal powers (i.e., exceeding the scope of authority granted by the Migration Act 1958).
• Ignores relevant evidence or relies on irrelevant information in making the decision.
• Makes decisions that are irrational or unreasonable in the context of the law and facts.

Jurisdictional errors can lead to unlawful decisions that may be overturned by the court.

How Can Jurisdictional Errors Affect Your Case?

If a migration decision involves a jurisdictional error, the decision may be challenged in court. For example, if you believe that the Department of Home Affairs or the ART has made a jurisdictional error in refusing or cancelling your visa, you can apply to the Federal Court to seek a judicial review.

How Bansal Lawyers Can Help with Jurisdictional Errors

At Bansal Lawyers, we have extensive experience in identifying and challenging jurisdictional errors in migration cases. We can assist you by:

• Reviewing the decision: We will carefully analyse the migration decision to identify any potential jurisdictional errors.
• Advising on the legal grounds for review: If a jurisdictional error exists, we will advise you on the best course of action to seek a judicial review.
• Representing you in court: If necessary, we will represent you in the Federal Court, seeking to have the migration decision overturned based on jurisdictional error.