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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...

Reinstating A Withdrawn Visa Application

Decision from the Federal Circuit Court indicates that it can't be done! Imagine that you have a client who has notified the Department, through the...

A Possible Key To Winning Schedule 3 Cases

Decision of Federal Circuit Court suggests that failure by Tribunal to consider all relevant circumstances cumulatively amounts to error Have you, like the rest of...

An Extraordinary Case Involving Detention of a Visa Holder

Justice Wigney of the Federal Court rules that the Minister is not above the law, and must seek review, rather than acting unilaterally, if...

Special Category Visas

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...
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