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TOPIC: Immigration denied and I need to appeal to the highest court in Australia

Immigration denied and I need to appeal to the highest court in Australia 8 months 3 weeks ago #7832

  • taratribble
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I took my immigration case to federal court in Melbourne, Australia and I received a negative decision, Now I want to apply for full bench high court or high court . Can I do it myself? How much would it cost? And how much would an attorney cost to do it for me?
I just want to get the case started so I can stay in Australia, because my visa is expiring.

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Immigration denied and I need to appeal to the highest court in Australia 8 months 3 weeks ago #7833

  • Ckicona
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Drafting a Notice of Appeal or Cross-Appeal is very difficult. It is therefore strongly recommended that a Notice of Appeal be prepared with legal assistance. But you could do it yourself if you devote a lot of time to learning the details. If you get the details wrong, you will lose the case anyway.

There are organizations which may be able to provide free or low-cost legal advice or assistance to a person who does not have a lawyer.
For a list helpful organizations, see: www.fedcourt.gov.au/going-to-court/i-am-...ist-of-organisations

The employees and staff in the Court house cannot provide legal advice.

A party who loses an appeal will usually be ordered to pay each of the other party's legal costs, which is a lot of money because appeal attorneys charge hundreds of dollars per hour.

Appeal forms are available from www.fedcourt.gov.au/law-and-practice/guides/appeals/from-courts

If you want to appeal and do not care if you lose, than you can file the appeal yourself. There will be a significant filing fee, unless you claim and prove that your are indigent (too poor to pay the filing fee). Be aware that appeals very, very rarely succeed, cost tens of thousands of dollars, and take many months or several years to complete. However, your appeal can be thrown out within weeks for failure to prosecute your case if you miss any of the many filing deadlines for complicated legal briefs. (Remember there is a reason that appeal attorneys can charge hundreds of dollars per hour for their work.) You might be better off using your limited funds to get you to your next destination.

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