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How Is The Genuine Temporary Entrant Criterion For Student Visas Being Interpreted?

A stated intention to seek anything more than another temporary visa will lead to refusal of the student visa application How have the courts been...

Full Court Considers Whether Suspended Sentence Can Cause A Person To Fail Character Test

Court holds that a suspended sentence is nonetheless a sentence of imprisonment that can amount to a "substantial criminal record". What is a “substantial criminal...

Full Court Decision On Who May Be Considered Member Of Family Unit

Court considers interpretation of Regulations 1.12 and 1.05A, holds that a person may be financially dependent on more than one person but can still...

Court Holds That Physical Violence Not Essential To Finding Of Family Violence

Threats of ending a relationship to bring about removal of provisional visa holder can amount to family violence What does the term “domestic violence” mean...

The Full Court’s Decision In He Is A Powerful Tool For Overturning Partner Visa...

Federal Circuit Court decision illustrates that refusals are vulnerable to court challenge if Tribunal does not thoroughly consider all the circumstances of the relationship...

It Is Possible To Challenge Negative Findings Of The MOC!

The findings may be subject to attack if the applicant's health condition has substantially changed between the time the MOC gives an opinion and...

Character Issues Don’t Necessarily Mean Visa Application Will Fail

It all depends upon the specific facts of the case! What if a visa applicant fails the character test because the applicant has a substantial...

Visa Cancellation Due To Failure To Comply With Section 104

Failing to notify the Department about changed circumstances can have disastrous consequences A decision of the Federal Circuit Court in the case of  Mitra &...

Visa Cancellations Under Section 116(e)(1) of the Migration Act

Tribunal decision illustrates that a visa can be cancelled under section 116(e)(1) even if the visa holder has not been convicted of an offence Can...

Moral Judgments Cannot Govern Decision-Making On Partner Visas

Federal Court holds that previous homosexual relationships cannot preclude finding that heterosexual relationship is genuine Jaw-dropping. Astonishing. Incredible. Unbelievable. There don’t seem to be any other...
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