If I win my judicial review, does that mean my application gets approved automatically?
No. Winning a judicial review at the Federal Court does not mean your application is automatically approved. The usual remedy is that the Court sets aside the original decision and sends the matter back for redetermination, generally by a different decision-maker, in light of the Court's reasons for finding the first decision flawed. The Court is reviewing whether the process and reasoning were legally sound, not substituting its own view of whether the application should succeed.
This means the person effectively gets a fresh decision, made properly this time, but that fresh decision could still result in approval, another refusal, or something in between, depending on how the new decision-maker weighs the evidence and applies the law. A successful judicial review fixes a flawed decision-making process; it does not guarantee a particular outcome from the process that follows.
Understanding this distinction matters because it affects expectations and planning. Winning is a real and often meaningful step forward, but it is the start of a new decision, not the end of the matter, and preparing strong material for the redetermination remains important.
Key takeaways
- Winning a judicial review sends the matter back for redetermination, not automatic approval.
- The Court reviews the legality of the process, not the underlying merits of the application.
- A fresh decision-maker can still reach a refusal on redetermination.
- Treat a successful judicial review as a new decision starting, not a guaranteed final outcome.