Home Blog

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...

Reinstating A Withdrawn Visa Application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...
Social media & sharing icons powered by UltimatelySocial