Melton Migration provides professional assistance with Federal Court appeals (judicial review) for
clients seeking to challenge migration decisions after an Administrative Review Tribunal (ART)
outcome.
Federal Court matters are strictly limited to questions of law, not a re-hearing of the facts. The Court
examines whether the decision-maker made a jurisdictional error, such as:
- Failure to apply the correct legal test
- Denial of procedural fairness
- Taking into account irrelevant considerations or ignoring relevant ones
- Legal unreasonableness
- Misinterpretation of legislation or Ministerial Directions Our Services Include
- Merits and legal error assessment to determine whether judicial review is available
- Preparation of Federal Circuit and Family Court / Federal Court applications
- Drafting concise statements, affidavits, and submissions
- Identifying and articulating jurisdictional errors
- Coordinating with migration counsel and barristers where required
- Managing strict filing deadlines and procedural requirements
Our Approach
Melton Migration adopts a precision-driven legal approach, focusing on identifying arguable errors
of law and presenting structured arguments supported by authority. We ensure that applications are
properly framed within the narrow scope of judicial review and aligned with court procedures.
Important Considerations - The Court cannot substitute a new visa decision; it can only set aside and remit the matter
- Strict time limits apply (usually 35 days from the ART decision)
- Strong legal grounds are essential—this is not a merits review
- Legal costs and risks must be carefully considered
Conclusion
Federal Court appeals are a highly technical and specialised pathway requiring careful legal
analysis and structured argument. Melton Migration provides professional support to assess
prospects, prepare applications, and coordinate litigation strategy to ensure that any arguable legal
error is effectively presented before the Court.