Federal Court Appeals

What is a migration appeal?

An appeal asks the Federal Court to set aside a decision because the original Judge made a legal error. Appeals are usually heard by a single Judge, unless referred to a Full Court (three Judges). The appeal focuses on whether the law was applied correctly, not on re-deciding visa outcomes.

What the appeal Judge does and does not do

• Does not decide whether a visa should be granted or cancelled.

• Does not consider new evidence (except in special circumstances).

• Does not call new witnesses.

• Does read the documents filed in the original case and relevant transcript.

• Does hear legal arguments from both parties.

What you must prove to succeed

You must show a significant legal mistake in the original decision (for example, applying the wrong legal principle) that justifies overturning the outcome.

If the Minister appeals

If you won your review, the Minister may appeal. You will receive a notice of appeal and become the respondent.

Legal advice and representation

You are strongly encouraged to obtain legal advice before appealing. Court staff cannot provide legal advice. A lawyer can:

• Assess whether you have appealable legal issues.

• Explain options, procedures, and likely costs.

• Help draft a technically correct notice of appeal.

If you do not have a lawyer, free or low‑cost legal assistance may be available through community legal organisations.

Costs and fees

Appeals can be expensive. You must pay:

• A filing fee when lodging the notice of appeal.

• A separate setting‑down fee.
  If you lose, you may be ordered to pay the Minister’s legal costs.

Drafting the notice of appeal

Success depends on showing how the law should have been interpreted. Drafting grounds is technical and difficult, so legal assistance is recommended.

Additional resources and support

• Federal Court website has more information about appeals.

• Interpreters and accessibility support are available.

• If documents were destroyed in a natural disaster, you can request replacements at no cost using the Natural disaster replacement document request form.