If you have applied for a visa and it has been refused, you must first appeal to either the Migration Review Tribunal or the Refugee Review Tribunal. If one of these tribunals refuses your application, then you can appeal to the Federal Circuit Court. If you want to go to the Federal Circuit Court, then you must retain a Solicitor to represent you.

The Federal Circuit Court is not concerned about whether you should or should be granted the visa. All the Court is concerned with is whether the decision to refuse your visa was made lawfully. That is, the decision was made in accordance with the requirements of the Migration Act and Regulations. It’s no use going to the Court and claiming that your friends visa was granted and therefore, so should your visa. The Court is primarily concerned with the lawfulness of the decision in question.

It is very expensive to apply to the Federal Circuit Court, you should only do this if you think that you have a good chance of winning,. If you don’t think that you are going to win, then you should seriously consider leaving the country and trying to apply for another Australian visa overseas.