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There are a number of different court events that can occur in Migration matters:

• Directions
• Callovers
• Summary judgment hearing
• Extension of time hearing
• Final hearing

Each migration application is different. You may not have all of the court events listed occur in your matter.

Whenever you are required to attend court for a hearing, the Court will write to you at your address for service and give you, and the Minister’s lawyers, the details of when and where you must attend.

At each hearing, the Court will give you an opportunity to speak about issues related to your case. If you have a lawyer, they will speak for you. The Minister will be represented by a lawyer, and you (or your lawyer) will have the opportunity to respond to what is said in court.

If you need an interpreter to interpret for you at any court hearing, you must have indicated this on your initial application form, specifying the precise language (and any dialect) needed. If you have not already indicated that you need an interpreter, you should let the Court know as soon as possible. See: I need an interpreter for more information.

Note – Unless the Court excuses you from attending, you must attend court whenever there is a hearing. If you fail to attend a hearing, the Court may dismiss your application in your absence and award costs against you. 

Directions

At least six weeks after you have served your sealed documents on the Minister, the Minister’s lawyers will file with the Court (and serve on you) a ‘response’ to your application.

After the response is filed and served, the Court will make standard orders called ‘directions’ that provide a timetable for when documents have to be filed with the Court to prepare the matter for hearing. You are required to comply with any direction or order made by the Court. 

Usually, a Registrar of the Court will make the orders without you or the Minister’s lawyers having to attend court for a hearing. The Court will send a copy of the orders to you and to the Minister’s lawyers.

In some cases, both you and the Minister’s lawyer may be required to attend court for a directions hearing to deal with issues that come up in the case. 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.

Callovers

A callover is a directions hearing held to confirm that the matter is ready to proceed to a final hearing before a Judge. 

Summary judgment hearing

A migration application may be listed for hearing if the Minister’s lawyers ask the Court for a summary judgment order. 

At a summary judgment hearing, the Minister’s lawyers must show that the application has no reasonable prospects of success, is frivolous or vexatious, discloses no reasonable cause of action or is an abuse of the process of the Court. 

You will have an opportunity to argue that summary judgment should not be ordered and that your case should be allowed to go to a final hearing. If the Court makes an order for summary judgment, your application is dismissed your proceedings in the Court will be finalised.

Extension of time hearing

An application for review of a migration decision must be made within 35 days of the decision. The Court may extend the 35 day time limit if it is in the interests of justice to do so. 

If an application for an extension of time is made, the case will be listed for an extension of time hearing before a Judge. This is your opportunity to make arguments about why it is in the interests of justice for time to be extended. If an extension of time is granted, your case will be listed for a final hearing. 

Final hearing

At the final hearing, the Judge will explain to you the procedures that will be followed. 

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.

The Judge may announce the decision at the end of the hearing, or the Judge might need more time to consider your case. If the Judge needs more time, you will be told to come back later the same day or to come back on a future date to hear the decision. The Court will then contact you when that date is set.

Be sure to keep the Court informed of your contact details. If your address changes you need to file a Notice of address for service form as soon as possible.

Can I withdraw my application?

If you decide to withdraw your application, you must complete a Notice of discontinuance and file it with the Court. You must also serve a copy of the notice to the Minister’s lawyer. 

You will need the other party’s consent or the Court’s permission if you want to file a Notice of discontinuance after the first court date or after directions have been given in your matter.

You may still have to pay some part of the Minister’s legal costs. The closer to the hearing date when a case is discontinued, the higher those costs may be. This is because more legal work has been done closer to a hearing date than in a case that is discontinued earlier.

Generally, the unsuccessful party has to pay the legal costs of the successful party. These are referred to as party-party costs. If the Court dismisses your application, or you discontinue your application, you will have to pay the Minister’s legal costs.

The total cost will depend on the length of the case and the amount of work done. The Court rules set out the legal costs that ordinarily apply. See Part 3 of Schedule 2 to the Federal Circuit and Family Court (Division 2) (General Federal Law) Rules 2025.

For more information about legal costs in migration matters, see Legal Costs in General federal law matters.

Costs for migration proceedings that have concluded:

 Costs for migration proceedings that have been discontinued:

What is an appeal?

If you think the Judge in your case has made a legal mistake in deciding your case, you can appeal to the Federal Court of Australia, asking it to set aside the decision made. Your appeal is likely to be heard by a single Judge unless a Judge thinks the appeal should be heard by a Full Court (three judges).

The Judge hearing the appeal:

• cannot decide if a visa should be granted or cancelled
• does not consider any new evidence or information that was not presented in the original case (except in special circumstances)
• does not call witnesses to give evidence
• does read all the relevant documents filed by the parties for the original case
• does read the relevant parts of the transcript of the original case, if available, and
• does listen to legal argument from both parties to the appeal.

An appeal is not a re-hearing of the original dispute. Rather, it is an examination of whether the law was applied correctly in your case.

To succeed in your appeal, you must show that the Judge who heard your original case made a legal mistake and that the mistake was of such significance that the decision should be overturned. For example, the Judge who heard the original case might have applied an incorrect principle of law.

If you were successful in your application for review, the Minister might appeal. You will then receive a notice of appeal and will be the ‘respondent’ in the appeal.

See the Federal Court website for more information about appeals to the Federal Court.

Do I need a lawyer to appeal?

You are strongly encouraged to get legal advice before you begin an appeal. Court staff are not permitted by law to provide legal advice. Only a lawyer can give you independent, expert legal advice. Lawyers are trained to interpret the law and apply it to individual cases. Lawyers also know migration law, its practices and procedures. A lawyer will:

• define whether you have a legal issue suitable for consideration on appeal
• provide practical options available to you, and
• explain the costs involved in appeal litigation.

An appeal can be costly. You will need to pay a filing fee when you file your Notice of appeal and a separate ‘setting down’ fee. If you lose the appeal, you will probably be ordered to pay the Minister’s legal costs. So, even if you plan to run the appeal yourself, it is important to get legal advice on whether you have valid grounds on which to appeal.

An appeal will only be successful if the Judge has not applied the law correctly. Therefore, to be successful, you must be able to convince the appeal court of how the law should have been interpreted. This will mean you have to develop an argument that may be quite technical and complex and will have to present the essence of it in your notice of appeal.

It is difficult to draft a notice of appeal. It is therefore strongly recommended that you get legal assistance to prepare your notice of appeal.

If you do not have a lawyer, there are organisations that may be able to give you free or low-cost legal advice or assistance.

If you are in detention, your application will usually be expedited. This means your case will be given priority and your matter will be listed for a hearing date as soon as possible.

The Judge hearing your case will decide whether you need to attend in person. Sometimes, arrangements are made for you to attend in person; sometimes, if the detention centre can accommodate a video-link, you might attend your hearing remotely.

For more information about attending remotely see Electronic hearings.

Unless the Court excuses you from attending, you must attend court whenever there is a hearing.

If you do not attend the Court hearing and do not have a lawyer appearing for you, the Court might dismiss your application in your absence and order you to pay the Minister’s costs.

In some circumstances, you can apply to the Court to set aside a judgment or orders made in your absence. To do that, you will need to file an Interlocutory Application and an accompanying Affidavit explaining why you did not attend the hearing.

What happens at the final hearing?

The Court will contact you in writing with a final hearing date at least a few weeks before the hearing. You will be contacted at the email or postal address that you have provided to the Court.

At the hearing, you will have an opportunity to address the issues in your case. If you have a lawyer, they will speak for you. The Minister will be represented by a lawyer, and you or your lawyer will have the opportunity to respond to what the Minister’s lawyer says in court.

The Judge may announce the decision at the end of the hearing, or the Judge might need more time to consider your case. If the Judge needs more time, you will be told to come back later the same day or to come back on a future date to hear the decision. The Court will then contact you when that date is set.

Be sure to keep the Court informed of your contact details. If your address changes you need to file a Notice of address for service form as soon as possible.

Can I have an interpreter at my hearing?

If English is not your first language and you need assistance to understand what is being said at a court hearing, an interpreter may be arranged to assist you.

If you cannot afford to pay for an interpreter, the Court may be able to arrange an interpreter for you at the Court’s cost. The Court will pay for an interpreter if it considers that without one, you would be disadvantaged because you do not speak or understand the English language or you are deaf, hearing impaired and/or speech impaired. If you are able to pay for your own interpreter, you should make efforts to obtain your own.

To find an interpreter, use NAATI online directory at www.naati.com.au  or phone 1300 557 470.

If you would like the Court to arrange an interpreter to assist you at the hearing, you will need to request one by ticking the relevant box in your Originating Application – Migration Act. The Court will then arrange an interpreter for you when your application is processed.

Note: the Court will not pay for an interpreter if you have a lawyer representing you.

Can I have an interpreter to communicate with the registry?

If you need an interpreter to communicate with registry staff, you can call the Translating and Interpreting Service on 131 450 and speak to an interpreter. Ask them to set up a three-way conversation between you, an interpreter and the Court.

Can I have an interpreter to translate documents?

All documents must be prepared in English. If you want to rely on a document that is in a language other than English, it must be translated into English by an accredited translator. The Court does not provide document translation services. It is your responsibility to arrange for the translation of documents that you provide to the Court and documents sent to you by the Court or the Minister.

When using a private translator, look for NAATI certification. To find a translator, use NAATI's online directory at www.naati.com.au or phone 1300 557 470.

In exceptional circumstances, the Court might determine that it is in the interests of the Court to obtain a translation of a document to assist in a defended hearing. A judicial officer must authorise this translation, which will be arranged and funded in the same way as interpreter services.

Interpreters’ code of ethics

Interpreters and translators engaged by the Court must act in accordance with the Code of Ethics of the Australian Institute of Interpreters and Translators (AUSIT). AUSIT is the national professional association of interpreting and translation practitioners. General principles of the Code of Ethics include professional conduct, confidentiality, competence, impartiality, accuracy, employment, professional development and professional solidarity. Further information can be obtained from the AUSIT website.

Feedback and complaints

You are encouraged to provide feedback to the Court on the standard of interpreting and translating services provided by interpreters arranged by the court.

If you make a complaint about the quality or use of interpreter services, the complaints officer will handle the complaint in accordance with standard complaints handling procedures.

Before you begin the formal application process, you should gather the information that is relevant to your application for review.

You will need to complete an Originating Application – Migration Act form and prepare an Affidavit to support your application. Your application must include the name of the person who prepared it. An affidavit is a written statement prepared by a party or a witness in a court case. It is the main way you present evidence (facts of the case) to a court. Your affidavit must be in English (see I need an interpreter for information about translation) and in line with the formal requirements in the rules when it is filed.

If possible, you should prepare a typed affidavit. If that is not possible, you can hand write your affidavit, as long as you print clearly on only one side of the page. The content of your affidavit should be divided into paragraphs that are numbered. It is a good idea to divide an affidavit into sections under separate headings.

If you want to include evidence from someone else to support your case, such as a family member, friend or professional, you will need to file a separate affidavit on their behalf. You should only file an affidavit by a witness if the evidence is relevant to your case.

Unless a court orders otherwise, a child (under the age of 18 years) should not prepare an affidavit to support your case.

You can prepare your own affidavit, but it is usually hard to do so. If you want help preparing your affidavit, you should seek legal advice.

For more information about affidavits, see the fact sheet Preparing an affidavit.

Which documents do I need to file?

To formally ask the Court to consider your application, you need to file documents with the Court:

• a completed Originating Application – Migration Act
• an Affidavit
• a copy of the migration decision you want reviewed and any reasons for the decision, and
• any other documents or evidence you want to rely on.

Your application must identify what jurisdictional error you believe the decision maker has made. In your affidavit, you must explain all the relevant facts and circumstances relating to the alleged error.

You must complete all parts of the application form. If you don’t, the form might be returned to you, causing a delay.

I need an interpreter

If you need an interpreter for your hearings, you should indicate this on your application form.

My application is urgent

If you believe your application is urgent, you should indicate this on your application form and explain why the application should be heard on an ‘expedited basis’. If your case becomes urgent while you are waiting for your final hearing, you can apply for an expedited hearing. Use the Interlocutory application form together with an Affidavit to explain why your case is urgent. The Court will decide whether your case should be heard on an expedited basis.

Time limits

You must file your application for review within 35 days of the date of the migration decision. The Court can extend the time limit. If you want more time to file your application, you will need to mark this on your application form and explain in your affidavit why you need more time. If your proceeding has already begun, you should use the Interlocutory application form together with an Affidavit to ask for more time. The Court will decide whether to give you more time.

Online filing

Wherever possible, you must file court documents using eLodgment. You can follow these instructions on how to use eLodgment on the Federal Court website.

If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents.

What do I have to pay?

Filing fee

You will also need to pay a filing fee to the Court when you file an Originating Application – Migration Act. In some circumstances, you may be exempted from paying court fees or a reduced fee may apply.

Current fees are available on the fees page.

To apply for a reduced fee, or an exemption from paying court fees because you cannot afford either the full or reduced fee, you need to file an Application for Exemption from Paying Court Fees or Reduction – Financial Hardship form, which is available from the Federal Court of Australia website. If this application is approved, this means that either you will pay the reduced fee or the fees will not apply.

If you are receiving legal aid, in immigration detention, hold a Centrelink Healthcare card or you and all other applicants in your matter are under the age of 18, you can apply for an exemption from paying Court fees using a different form called an Application for Exemption from Paying Court Fees – General.

What happens next?

Court staff will check that the application is complete and that you have done everything that is formally required, including paying the filing fee. The Court will then stamp the application. Stamping shows that your application has been accepted by the Court.

You must then notify the Minister by serving the application.

How do I notify the Minister?

You must serve the Minister and in most cases the tribunal or authority who made the decision as soon as practicable after filing and at least five days before the first court date. This process is known as ‘service’ of documents. You can serve the documents on the Minister via the Department of Home Affairs (the Department). The Department has offices in each capital city. Go to the Home Affairs website or call the Department on 131 881 for address details.

The Minister will usually file a response within 28 days after you serve the application on them.

Communicating with the Court

You can contact the Court registry for information about your case or if you need to give the Court information. You cannot communicate directly with the Judge allocated to decide your case (except in the courtroom).

It is important that the Court and the Minister’s solicitor know your current contact details, as they may need to contact you. If your contact details change, you must notify both the Court and the Minister’s solicitor in writing as soon as possible. Use this Notice of address for service form. Once you have completed it:

1. file it in eLodgment, and
2. notify the Minister in the same way that you notified them of the original application. 

If you cannot access the form online contact the Court to get a copy.

Can I withdraw my application?

If you decide to withdraw your application before your case is decided, you will need to complete a Notice of discontinuance and file it with the Court. You must also send a copy of the notice to the Minister’s solicitor. You will need the other party’s consent or the Court’s permission if you want to file a Notice of discontinuance after the first court date or after directions have been given in your matter. If you discontinue your case without a hearing, you will generally have to pay part of the Minister’s legal costs. The rules state how much you will have to pay.

What decisions can the Court review?

The Federal Circuit and Family Court of Australia (Division 2) (the Court) can review certain types of decisions under the Migration Act 1958 made by the Minister for Immigration and Multicultural Affairs (the Minister), the Department of Home Affairs, the Administrative Review Tribunal, and the Immigration Assessment Authority.

Each person responsible for making decisions under the Migration Act is known as a decision maker. The decision makers look at the merits of your application and consider whether you should or should not be granted a visa.

The Judge who is hearing your case does not look at whether you should or should not be granted a visa. The Judge can only review a decision of a decision maker to see whether a ‘jurisdictional error’ has been made. This means the Judge looks at whether the decision maker made the decision properly, following the correct legal procedures and applying the law correctly.

If the Judge finds a jurisdictional error, they can:

• refer your case back to the decision maker, and.
• prevent the Minister from acting on the decision.

The Judge cannot:

• reconsider the facts and reasons for your visa application,
• take new factual information into account (unless it is relevant to a question of whether the decision maker made a jurisdictional error), or
• grant you a visa.

The Court cannot make decisions as to whether you should receive a visa before your case is decided. Visas are a matter for the Department of Home Affairs - Immigration and citizenship. If you need information about whether you will be granted a bridging visa (or a visa extension) as a result of filing an application with the Court, you will need to contact the Department. Contact details are available at: https://immi.homeaffairs.gov.au/help-support/contact-us

Applying for review

If you believe a jurisdictional error was made by the decision maker, you may apply to the Court.

You must file an Originating application - Migration Act, together with other documents that support your case within 35 days of the date of the migration decision (which may be different to the date on the notification letter you received). You can ask the Court to extend the 35 day time limit. If you need a time extension, you must ask for it in your application and explain why you need it.

You have to pay a fee when you file your application and another fee before the final hearing.

Before applying for review, you should seek legal advice.

For more information see: 

• What can the Court do in migration cases? video - This video explains the jurisdiction of the Court in migration cases and answers questions about what the Court can, and cannot, do.
• How will my migration case be managed through the Court? video - This video explains how a migration case typically progresses through the Court.
• Review of Migration decisions brochure or the Translated version of Review of Migration Decisions by the Federal Circuit and Family Court of Australia.

Notifying the Minister

After the Court has accepted the application, you have to notify the Minister and any other decision maker by ‘serving’ the application form and other documents on them. The Minister must respond within 28 days after you serve them.

The Court hearings

The Court will give all the parties notice of each court hearing date.

At any time after an application is filed, the Court or a Registrar may give orders or directions for the conduct of the proceeding. The Court or a Registrar may make the orders or directions in Chambers; or at the discretion of the Court or a Registrar, require the parties to an application to attend a hearing.

Usually, a Registrar will make standard timetabling orders in Chambers, without the parties having to attend a first court date directions hearing. The standard timetabling orders are directions which set out when documents have to be filed with the Court to prepare the matter for hearing by a Judge.

In some cases, the parties may be required to attend a hearing to deal with issues that come up before the matter is ready to be finally heard and determined by a Judge.

After the Judge hears from both parties, the Judge will make a decision.

For more information about attending court see: 

• What do I need to know when I attend court for my migration case? video - This video explains how to prepare and what to expect during a typical court hearing.