If the AAT has upheld the Department's decision to cancel a visa (held by a refugee), can this be appealed? I know that the Federal Court can't look again at the facts of the case, only the process.
ACT Where to from the AAT?
- Thread starter Ted Sherwood
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I don't practise in immigration law, but have some general AAT experience. You can generally appeal to the Federal Court from the AAT on a question of law - but not on a question of fact.
In other words, and put over simply for example purposes, if the AAT determined that today is Wednesday and the law says you can't enter the country on a Wednesday:
- you could not appeal to the Federal Court to ask them to determine it was not Wednesday; but
- you could appeal to the Federal Court on the basis that the law does not prohibit entry on a Wednesday.
In other words, and put over simply for example purposes, if the AAT determined that today is Wednesday and the law says you can't enter the country on a Wednesday:
- you could not appeal to the Federal Court to ask them to determine it was not Wednesday; but
- you could appeal to the Federal Court on the basis that the law does not prohibit entry on a Wednesday.
Thanks Rob. Yes, that was my 'only the process' in my question. I am keen to know whether that's the end of the matter as far as the substance of the decision goes, that is, no appeal, no higher body?
You can go higher, all the way to the High Court if there are sufficient grounds and it is a sufficiently important question of law.
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