Judicial Review: Challenging Unlawful Migration Decisions

If your visa or citizenship application has been refused or cancelled and you believe the decision was legally flawed, you may be eligible to seek judicial review. Unlike a merits review, judicial review does not reconsider the facts of your case—it focuses on whether the decision-maker followed the law correctly. At McLean Legal, we have extensive experience representing clients in judicial review proceedings across all levels of the Australian court system.

If the Court finds that the decision was legally flawed, it may set aside the decision and refer the matter back to the original decision-maker for reconsideration.

At McLean Legal, we provide strategic legal advice and representation for judicial review matters in the Federal Circuit and Family Court of Australia (FCFCOA), Federal Court of Australia (FCA) and the High Court of Australia (HCA).

We have extensive experience navigating the legal intricacies of judicial review and advocating for clients whose migration decisions may have been affected by legal error.

We begin by thoroughly assessing whether your case has valid legal grounds for judicial review. If a legal error is identified, we prepare and file all necessary court documents, ensuring that your application is lodged within the strict statutory time limits.

To ensure the highest standard of legal advocacy, we often brief experienced barristers to assist with drafting detailed written submissions and to appear at the hearing. This collaborative approach ensures your case is presented with strong legal reasoning and persuasive argumentation before the court.

Throughout the process, we manage all communication with the court and the Minister’s legal representatives, and we keep you informed at every stage. In urgent cases, we can also seek injunctions or stays to prevent removal from Australia while your judicial review is underway.