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Federal Court holds that a person who is removed unlawfully from Australia is not properly characterised as a behaviour concern non-citizen Who is a behavior...

Student Visa Applications and Direction 53

Full Court holds that Tribunal not obliged to make findings concerning matters listed in Direction 53 if they are not relevant and material to...

Partner Visas And Sponsorship Obligations

Full Court holds that Department and Tribunal cannot require that sponsor have financial capacity to meet sponsorship obligations Have you ever had a case where...

Beware Of Passenger Cards

Incorrect answers on outgoing card can lead to visa cancellation! Do you think that a visa may be subject to cancellation if the visa holder...

Challenging Visa Refusal On Character Grounds

Strategy to follow if Tribunal considers risk of re-offending on "conditional" scenario that might not occur Given the way that the Department has been churning...

More About Challenging Refusal Of Condition 8503

Yes it's still like trying to push a boulder up a steep hill!!!!!!! There has been another decision from the Federal Circuit Court which reminds...

Challenging Mandatory Visa Cancellation

The classic form of jurisdictional error, "failure to consider a relevant matter", is surely a good place to start! How can you successfully challenge a...

Rescuing Application For Further Working Holiday Visa

Encouraging tribunal to take broad view of nature of work done to meet eligibility requirements What do you do if your client is seeking a...

Remedy If Tribunal Refuses Fee Reduction Request

Decision suggests courts may be receptive to applications to reverse refusal Suppose you, or a client who approaches you for advice, apply for a...

Consequences? Failure To Reply To Invitation To Comment

FCC holds Tribunal cannot base fact finding on such a failure alone Can the Tribunal rely on an applicant’s failure to respond to an invitation...
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