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Partner Visas and the Financial Aspects of the Relationship

Federal Circuit Court considers the meaning of "pooling" of assets What evidence of the financial aspects of a relationship will support a finding that the...

High Court Speaks On Visa Cancellations

High Court holds that Minister need not consider whether non-refoulement obligations exist when determining request for revocation of mandatory cancellation if issue not raised...

Tribunal Cannot Overlook Privilege Against 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...
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