In carrying out its functions, the Tribunal provides a mechanism of review that is accessible, fair, just, economical, informal and quick, as well as proportionate to the importance and complexity of the matter while promoting public trust and confidence in the decision-making process. The time limit for making an application to the Administrative Appeals Tribunal is stated in the decision subject of the review and will usually be 28 days after the decision to be reviewed is received.
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The Migration Act gives the Minister for Immigration and Border Protection the power to substitute a decision of the Administrative Appeals Tribunal with another decision that is more favourable to the applicant, if the Minister thinks that it is in the public interest to do so.
In exercising the powers under the Migration Act , the Minister is guided by various principles and may consider factors such as whether: Application of the relevant legislation would lead to unfair or unreasonable results in a particular case.
Exceptional economic, scientific, cultural or other benefit to Australia would result from the visa applicant being permitted to remain in Australia.
The applicant can demonstrate that the length of time he or she has been present in Australia has given rise to a sufficient level of integration into the Australian community. The Federal Circuit Court can review a decision to determine if a jurisdictional error has been made; that is, whether the decision is made according to law. While the Federal Circuit Court is independent of the decision-makers of the Department of Immigration and Border Protection, it does not consider the merits of individual applications or whether the visa applicant ought to be granted a visa.
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Compensation Northern Territory. See all Compensation Northern Territory. National legal hotline 7am to midnight, 7 Days. National Legal Hotline 7am to midnight, 7 days. Call me now. Call me later. The appellate jurisdiction of the Court includes:. A party may appeal from a final judgment of a single Judge within the time period set by Rule In some cases leave to appeal is required by legislation to appeal from a final judgment of a single Judge. If a party wishes to appeal from an interlocutory decision leave or permission of the Court is required.
An application for leave to appeal must be made within the time period set by Rule Pursuant to section 24 1 of the Federal Court of Australia Act , the Court has jurisdiction or authority to hear and determine: 24 1 b appeals from judgments of the Supreme Court of a Territory other than the Australian Capital Territory or the Northern Territory ; and c in such cases as are provided by any other Act, appeals from judgments of a court other than a Full Court of the Supreme Court of a State, the Australian Capital Territory or the Northern Territory, exercising federal jurisdiction.
The circumstances in which the Federal Court may hear appeals from other courts depends on the provisions of the relevant legislation. Pursuant to s of the Fair Work Act , the Federal Court can hear appeals from a decision of an eligible State or Territory court exercising jurisdiction under that Act. Section 25 1AA of the Federal Court of Australia Act requires that a single judge of the Court hear an appeal from a judgment of a federal magistrate unless a Judge considers that it is appropriate for the appeal to be heard by a Full Court.
Chapter 4 of the Federal Court Rules applies to all appeals and related applications from decisions of the Federal Court or other courts. All parties should take some time to become familiar with these Rules. Practice Note App 2 deals with the conduct and preparation of appeals by parties and lawyers. Appeals are to be filed in the registry in which the original matter was heard Rule Following the start of an appeal, it is generally assigned a callover date and arrangements are made for the preparation and filing of the appeal books.
A person or corporation who wishes to appeal a decision must complete a Form doc - 60 kb for appeals from the Federal Circuit and Family Court of Australia or Form doc - The person or corporation who files the notice of appeal is called the appellant and each of the other parties is called a respondent.
Appeals from final judgments must be filed and served within 28 days of the decision. If the time to appeal has, or is about to, run out, an extension of time of this period can be made by completing a Form 67 doc - 67 kb.
There are four scheduled Full Court and appellate sittings per year. Each sitting is usually four weeks in duration. Before the hearing of the appeal the content of the appeal book must be determined and prepared in accordance with any practice note issued by the Court. Where the parties require assistance, an appointment to settle the appeal papers with a judicial registrar may be necessary. The judicial registrar may also seek information about the likely duration of the hearing and determine the number of copies of the appeal books to be filed by a fixed date.
A notice of appeal attracts the prescribed fee for appeals. A setting down fee is also payable when the matter is listed for hearing. In some cases, daily hearing fees will also be payable.
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