Immigration Law Appeal

Immigration Law Appeal

Review right is very important. In the context of immigration law, there are two types of reviews. One is merit review and the other one is judicial review.

Merit review is with the Administrative Appeals Tribunal. Judicial review is with the Federal Circuit Court.

Merit review is completely different from judicial review. Merit review reviews factual errors whereas judicial review reviews jurisdictional errors/ errors in law.


Appeal to the Administrative Appeals Tribunal (also known as "AAT")
AAT is not a court. The AAT member will make a decision based on the evidence provided by the review applicant. The AAT member may remit the decision of the immigration officer, or it may affirm the decision of the immigration officer.



Judicial Review - Appeal to the Federal Circuit Court
If AAT affirms Immigration's decision, you have the right to appeal to the Federal Circuit Court. The court will not conduct merit review butdetermine whether there is jurisdictional error. Jurisdictional error has nothing to do with the merits of your immigration application.

Another kind of appeal is called Ministerial Intervention. Minister's personal power is not appeallable.