Migration: Hearing types

Directions hearing

A directions hearing is a procedural hearing where a Registrar or a Judge may discuss a matter with the parties and make orders about how the matter will proceed. Common reasons a migration application might be listed for a directions hearing include:

  • the parties have a dispute about how to get the matter ready for hearing;
  • the Court wishes to discuss something with the parties;
  • it has been a long time since the application was filed or since the matter was last before the Court; or
  • the applicant has left Australia with no right of return or has not responded to important correspondence.

Summary dismissal hearing

A migration application may be listed for a summary dismissal hearing if the Minister’s lawyers ask the Court to summarily dismiss the application. At a summary dismissal hearing, the Minister’s lawyers must show that the application has no reasonable prospects of success, is frivolous or vexatious, or is an abuse of the process of the Court. You will have an opportunity to argue that your case should not be summarily dismissed and should be allowed to go to a final hearing.

Final hearing

At a final hearing, the Judge will hear your arguments and the Minister’s lawyers’ arguments. If you have a lawyer representing you, you usually do not need to speak at the hearing. If you are representing yourself, you will need to explain what you say the decision-maker did wrong, and the Judge may ask you questions about your case.