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Changes to migration proceedings in the FCFCOA

Procedural changes in the conduct of migration proceedings in the Federal Circuit and Family Court of Australia (FCFCOA) came into effect from yesterday, 29 November 2021.

Migration applications filed in the FCFCOA in all registries from that date will no longer be allocated a First Court Date (FCD) listing. 

These applications will now be listed on a date-to-be-advised basis, and standard orders will be made in chambers about eight weeks after the application was filed, on the proviso that a response has been filed by the Minister (which must be within eight weeks of filing/service of the application). This is similar to the process that occurs in the Federal Court of Australia.

There are three sets of standard listing orders for hearing that may be issued from 29 November: (1) final hearing orders, (2) extension of time orders, and (3) summary dismissal orders.  The type of orders to be issued will be determined by a Registrar in chambers.

Parties may approach the Migration Team to seek to have the standard orders varied by consent, or to have the matter listed for directions before a Registrar or a Judge if the standard orders are not appropriate.

Existing FCD listings for dates after 1 December 2021 will be vacated and standard orders will be made in chambers, with the parties to be advised accordingly.

These reforms follow a process of consultation with the profession that occurred in late 2020.  The new standard orders also incorporate changes that accompanied the creation of the FCFCOA and the adoption of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 that came into effect on 1 September 2021, and the MIG-CPD Central Practice Direction. 

Enquiries regarding the above standard orders and new procedures can be directed to the Migration Team.

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