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Increase of Filing Fee at Federal Circuit Court of Australia

The new filing fee for migration appeals at Federal Circuit Court of Australia will be increased from $690 to $3300.  The increase of filing fee is only applicable to migration appeals within the Federal Circuit Court’s jurisdiction.  The new filing fee will officially commence on 1 January 2021.

Purpose of Increasing Filing Fee

The new law brings the migration appeals’ filing fee in line with the Federal Circuit Court’s position in Australia’s court hierarchy. Presently, the current filing fee at the Administrative Appeals Tribunal (AAT), which has a lower rank in the court hierarchy, is higher than the fee at Federal Circuit Court.  After the fee adjustment, the filing fee at Federal Circuit Court will be more than the AAT but lesser than the fee at Federal Court of Australia, which has a higher rank in the court hierarchy.   Below is the comparison table before and after adjustment of the filing fee:

Disallowance Motion

Disallowance is a form of repeal of law initiated by the Parliament.  There will be a disallowance motion scheduled on 2 February 2021 in the parliament which may result in the new law ceasing to have effect.

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