If you need an interpreter to communicate with registry staff, you can call the Translating and Interpreting Service on 131 450. Ask them to set up a three-way conversation between you, an interpreter and the Court.
If you need an interpreter for your court hearing see Migration: I need an interpreter for more information.
For a list of interpreter services see, Migration: Interpreter services
Translated versions of the Court's fact sheet Review of Migration Decisions by the Federal Circuit and Family Court of Australia are also available.
Before you begin the formal application process, you should get all the information together that is relevant to your application.
You will need to complete an Application – Migration Act form and prepare an Affidavit to support your application. Your affidavit should include a copy of the decision you want reviewed including the reasons for the decision.
There is a filing fee and you may also be liable for costs.
You should file the application online using eLodgment.
For more information see Migration: I want to apply
You can access details about your matter, including any upcoming hearing dates, from the Commonwealth Courts Portal.
If you already have access to your file on the Portal:
- go to your Available Files
- click on your file number
- click on the relevant application in your file, and
- select Court Events and Orders. This section will show you the time and date of any upcoming or past hearings, along with any orders that have been made for your matter.
If you are registered for the Portal but not linked to your file please complete the enquiry form.
For a step-by-step guide to registering and using the Portal see How do I register for the Commonwealth Courts Portal?.
The Court also publish daily court lists where you can check the details for your matter.
Fees charged by the Court for filing or court events are different to party-party costs.
You are required to pay the filing fee when filing your migration application with the Court. In some circumstances, you may be exempt from paying court fees or a reduced fee may apply. There are different requirements for general exemptions or financial hardship.
If you are in immigration detention you will be eligible for a general fee exemption and should complete and file an Application for exemption from paying Court fees - general (general federal law).
If your matter progresses to a court hearing there are also 'setting down' and 'daily hearing' fees.
For more information see Migration law fees.
If you think the Judge in your matter has made a legal mistake in deciding your migration review, you can appeal to the Federal Court of Australia, asking it to set aside the decision made.
An appeal can be costly. You are strongly encouraged to get legal advice before you begin an appeal. Lawyers are trained to interpret the law and apply it to individual cases. A lawyer can give you independent, expert legal advice.
For more information see Migration: Appeals.
The Court will notify you when your matter is listed for a hearing. Usually, this will be for the Final Hearing, where you will have the opportunity to tell the Judge about the errors you say were made in the migration decision that you are asking the Court to review.
You must attend any hearing in your matter, unless the Court tells you that your attendance is not required. If you fail to attend a hearing, your matter may be dismissed for non-appearance, and you may be ordered to pay the Respondent’s legal costs.
Your hearing may be electronic (video or phone) or in person.
For more information about the different types of hearings see Migration: Hearing types.
