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Full Court Decision On Jurisdictional Error In Partner Visa Cases

The Full Court holds that it is error for the Tribunal to determine an application for a Permanent Partner visa when a related application...

The Health Criterion: Overcoming Negative MOC Opinion

An older case from the Federal Circuit Court illustrates strategies that can be used Suppose you have a client who has had his visa application...

Tribunal Decisions Involving Invalid “375A” Certificates Are Vulnerable

It will pay to examine critically the grounds given by the Department for non-disclosure Have you ever had a case involving a certificate issued under...

Case Shows That Challenging Strict Application Of AAT Filing Deadline Remains Uphill Battle

Another decision from the Federal Circuit Court illustrates that the Full Court's decision in DFQ17 is not likely to be applied broadly How broadly...

Full Court Decisions Illustrate New Path For Challenging Visa Cancellations

Decisions setting aside revocation of cancellations under section 501BA(2) may be vulnerable When you follow the decisions from the Federal Courts, it becomes apparent...

Is It Still Possible To Secure 457 Visas After AAT/Judicial Review?

Decision of Federal Circuit Court raises doubt Do you have a case involving the refusal of a Subclass 457 visa that is still undecided by...

Court Sets Aside Cancellation of Citizenship Approval

The decision will be vulnerable to challenge when the Tribunal fails to consider matters on the basis that they might be considered in a...

Citizenship And The Residency Requirement

Showing a close and continuing relationship with Australia: strategic considerations Imagine that you have a client who is seeking Australian citizenship. Imagine further that the client...

Migration Fraud, When Discovered, Can Lead To Loss Of Australian Citizenship

Case before the AAT shows that the signs of the past can truly come back to haunt when they come to light Do you consider...

Case Illustrates Strategies for Challenging Visa Cancellations

The decision also provides lessons that can be generally applied to prove jurisdictional error, and to get the Tribunal overturned Do you think it is...
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