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Tribunal Cannot Overlook Privilege Agains Self-Incrimination

Federal Court holds that failure to inform self-represented applicant of privilege and right to refuse to answer questions may amount ot denial of procedural...

Challenging Visa Cancellation Based On “Incorrect Information” In Application

Federal Circuit Court case shows cancellations can be overturned if Tribunal does not accurately identify the information said to be "incorrect" Suppose your client has...

The Continuing Power of the Full Court’s Waensila Decision

Judge Baird of the Federal Circuit Court rules that it is improper for the Tribunal to limit its review to circumstances in existence at...

Full Court On Proving Fraud By Migration Agent – Getting Application Declared Invalid –...

The Full Court confirms previous authorities which hold that there will be a "mini-trial" in the FCC and that the applicant must be able...

Challenging Visa Cancellations Under Section 116(1)(e)

Decisions may be vulnerable if Department proceeds on an incorrect understanding of the facts. Suppose you have a client whose visa is cancelled upon arrival...

Cancellation Of Visa Held By New Zealand Citizen Overturned

Federal Court holds that it is legally unreasonable to find that there is a risk of future violent conduct when there has been no...

Can You Sue To Force Consideration Of Request For Ministerial Intervention?

Yes you can, on grounds of legal unreasonableness, but it likely will be very hard to win! Is it possible to bring proceedings to seek...

Scope of Tribunal Review And Procedural Fairness

What is the proper scope of review in the AAT? Can the Tribunal properly consider a matter that was not considered a reason for refusal...

Partner Visas, Deceased Sponsor, Getting Around Schedule 3

As we are surely learning in these unsettling times of the global coronavirus pandemic, life can surely take some unexpected twists and turns. And these...

Temporary Graduate Visas – Mistakes To Avoid

Applicant does just about everything wrong and suffers the consequences It may be something of an “old saw”, or truism, that you can learn more...
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