The road back from Kafka’s castle: Towards a better system of visa application and review in Australia

Abstract

The processes for administrative, judicial and appellate challenges to a visa refusal are difficult, time consuming and costly. It is not uncommon for an applicant to be involved in processes in excess of five or 10 years. The cost to the public purse can be exorbitant. This article suggests a system whereby the process would be confined to a two-stage judicial process. As such it would be much more discernible to the litigant, many of whom are unrepresented. It would also result in significant savings to the litigant and to the taxpayer.