Migration proceedings in the Federal Circuit and Family Court of Australia (FCFCOA) have undergone changes to their procedure, making them similar to alike matters before the Federal Court of Australia. These procedural reforms are effective from 29 November 2021, and are rolled out in accordance with professional consultation undertaken in late 2020.

Previously, migration applications filed in the FCFOA registries were allocated a First Court Date listing. However, under the new protocols, applications are to be listed on a date-to-be-advised basis. If the Minister has filed a response to the application within eight weeks since an application is filed, then standard listing orders will be made in chambers. These orders will take one of three forms, of which type is determined by a Registrar in chambers:

Final hearing orders;
Extension of time orders; or
Summary dismissal orders.

In cases where the standard orders are inappropriate for the particular matter at hand, parties may contact the FCFAO’s Migration Team to seek to have the matter listed for directions before a Registrar or Judge. They may also seek to have the standard orders varied by consent.

Existing First Court Date listings for dates from 1 December 2021 onwards will be overridden by the new system of standard orders. Parties to affected matters will be contacted and advised as required.

The FCFAO Migration Team can be contacted with enquiries regarding the new procedures.

If you require assistance with your appeal matters before the FCFCOA, contact us on contact@samutamccomber.com.au or phone (07) 3394 8489. Samuta McComber Lawyers is now accepting clients who have lost their case at the Administrative Appeals Tribunal (AAT) and have prospects for success on appeal. The firm instructs very experienced counsel, and where clients have reasonable prospects for success, we offer to act on a conditional fee basis.