Decisions of the immigration department in relation to refusal or cancellation of visa is a type of administrative decision. In coming to an administrative decision, the decision-maker must follow the correct legal process. If the decision-maker failed to follow correct legal process in making a decision, it can be challenged via judicial review by appealing to the Federal Court of Australia.
If the Court finds that a decision is unlawful, the Court has the power to:
- Order that the decision be quashed and or set aside.
- Order that the decision-maker follow the correct legal process and re-make the decision.
- Declare a legal position, for instance, that the decision is legally incorrect.
- Order injunctive reliefs.
- There are many grounds of judicial review, some examples include:
- An error of law, where the decision maker wrongly applied the law.
- The decision-maker wrongly took into account of irrelevant considerations or failed to take into account relevant considerations.
- The decision-maker acted beyond its responsibilities or acted with improper purpose.
- The decision-maker, when coming to a decision, acted very unreasonably that no reasonable decision-maker could reach that decision.