Legal Project Management Plan & Checklist
Use this fork when the ART has delivered an adverse decision and the practitioner has identified a ground of jurisdictional error that may warrant judicial review in the Federal Court of Australia (FCA) or the Federal Circuit and Family Court of Australia (FCFCOA). Before pursuing this fork, evaluate whether the Guidance and Appeals Panel (GAP) under Part 5 of the ART Act is a more cost-effective alternative, as the GAP is more accessible, less formal, and can receive new evidence.
This fork covers judicial review applications in the FCA and FCFCOA Division 2 for both migration and non-migration ART decisions. The FCFCOA is the default court for standard migration judicial reviews. The FCA is reserved for personal Minister decisions, appeals on questions of law under s 172 of the ART Act, and appeals from FCFCOA decisions. The filing deadline is 35 days for migration matters under s 477 of the Migration Act 1958 (extensions only for special reasons) and 28 days for non-migration matters.
The practitioner carefully reviews the ART written reasons for grounds of jurisdictional error. Counsel's opinion on prospects is obtained. The client is advised on costs risks (adverse costs orders in the range of ,000 to ,000 are common). A Bridging Visa E is secured if the client is unlawful. The Originating Application and supporting affidavit are drafted and filed via the relevant court's registry. The application is served on the Minister (via AGS) and the ART. If removal is imminent, an interlocutory injunction is sought. Directions hearings are attended. Written submissions are filed. The judicial review hearing is attended. If successful, the court quashes the ART decision and remits the matter for fresh decision. If unsuccessful at first instance, an appeal to the Full Federal Court (leave required, 21 days for migration) or High Court special leave is considered.
Key legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(a)-(h) (grounds of review: breach of natural justice, failure to observe required procedures, no evidence, error of law, unreasonableness); Judiciary Act 1903 (Cth) s 39B (constitutional writs: certiorari, mandamus, prohibition); Administrative Review Tribunal Act 2024 (Cth) s 172 (appeal on question of law to Federal Court); Migration Act 1958 (Cth) s 476A (judicial review jurisdiction for migration decisions), s 477 (35-day deadline, extensions for special reasons), s 78 (Bridging Visa E during judicial review); Federal Court of Australia Act 1976 (Cth); Federal Court Rules 2011 Part 33. FCFCOA Division 2 filing fee: ,015 full / ,005 reduced (from 1 July 2025). Exemptions for concession card holders, legal aid recipients, and persons in detention. Case law: Minister for Immigration v Li [2013] HCA 18 (legal unreasonableness); Minister for Immigration v Hossain [2018] HCA 34 (error must be material to outcome); eSafety Commissioner v Baumgarten [2025] FCAFC 12 (scope of s 172 review and legal unreasonableness as a ground of jurisdictional error).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Administrative Appeal (Applicant) - Judicial Review Referral (Jurisdictional Error) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for CIVIL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Review ART reasons and isolate specific jurisdictional errors with reference to ADJR Act s 5(1) grounds or s 39B constitutional writs. Research precedent and obtain counsel's opinion.
Draft and file the Originating Application for judicial review in the Federal Court or FCFCOA within the strict statutory deadline (35 days migration / 28 days non-migration).
Serve the Originating Application on the Minister (via AGS) and the ART registry, attend directions hearings, and file written submissions.
Present oral and written submissions at the judicial review hearing, receive judgment, and advise on post-judgment options including Full Federal Court appeal.
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