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HOW TO LODGE A MIGRATION/REFUGEE APPLICATION IN THE FEDERAL COURT


1.    There are four required documents (download MS word doc [57Kb]):

  • An application to the Federal Court under s 39B of the Judiciary Act
  • An affidavit to be sworn by the applicant
  • A cover-sheet annexing a copy of the decision of the RRT or the MRT.
  • A fee waiver form
2.    Take (or fax or post) an original and two copies of each these documents to:
The Federal Court Registry
Level 16, Court Buildings
Queens Square (corner of Phillip St and King St)
Sydney 2000
The approved numbers for filing by fax are as follows:
Sydney    (02) 9230 8295
Canberra   (02) 6267 0625
Melbourne   (03) 8600 3351
Brisbane   (07) 3248 1240
Darwin   (08) 8981 7061
Perth       (08) 9268 7208
Adelaide    (08) 8205 4439
Hobart    (03) 6232 1701
3.    There is a filing fee of $526.00. However if the applicant is in detention it is possible to ask that the filing fee be waived.

4.    The Registry will allocate a Judge for the proceedings and give a date and time for a Directions Hearing, which will be handwritten on page 3.  All of the documents will be stamped by the Registry.

5.    The Registry will keep the original documents, and two stamped copies of the documents will be handed back by the Registry.

6.    One set of stamped documents (application/affidavit/annexure) is to be served on the Minister at the address on page 3 of the application. This can be hand delivered or posted. A note should be kept of the time of delivery.

7.    The other set of stamped documents should be kept by the applicant or sent to the applicant's lawyer so arrangements can be made to attend the Directions Hearing.

Important Disclaimer: Australian Lawyers for Human Rights Inc is not registered as a migration agent.  It is not a legal practice. The resources for asylum seekers are provided to help people who want to research, or take action in relation to, the legal situation of asylum seekers. Anyone using these resources should obtain advice from a registered migration agent or a practising lawyer.  Legal advice is available from these places: click here. There may be errors or omissions in the resources. Australian Lawyers for Human Rights Inc has attempted to ensure that the resources are current and accurate, but it is not responsible for the consequences of any errors or omissions.

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This page last updated 4th May 2004