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Australian Citizenship and the General Residency Requirement

Tribunal decision turns on exercise of discretion to exempt a period of unlawful presence because of administrative error by the Department Is it possible for...

Full Court Decision On The Section 48A Bar Against Further Onshore Applications For Protection...

The Full Court holds that the bar applies very broadly Is it possible to make a valid application for a protection from onshore in Australia...

Visa Cancellation on Character Grounds: Full Court Interprets Section 500(6L) of Migration Act

Court clarifies interpretation of seemingly obscure provision of the Act There are times when decisions that interpret Australia’s migration legislation may seem to drift off...

Federal Circuit Court Overturns Visa Cancellation Under Section 116(1)(e)

But the decision still leaves some doubt about whether failure by the Tribunal to wait until criminal charges are resolved is enough to render...

The High Court Speaks on the Question of Jurisdictional Error

The High Court Holds holds in Hossain that an error must be material What is jurisdictional error? That is the $64,000 question that anyone who...

Full Court Decision On Jurisdictional Error In Partner Visa Cases

The Full Court holds that it is error for the Tribunal to determine an application for a Permanent Partner visa when a related application...

The Health Criterion: Overcoming Negative MOC Opinion

An older case from the Federal Circuit Court illustrates strategies that can be used Suppose you have a client who has had his visa application...

Tribunal Decisions Involving Invalid “375A” Certificates Are Vulnerable

It will pay to examine critically the grounds given by the Department for non-disclosure Have you ever had a case involving a certificate issued under...

Case Shows That Challenging Strict Application Of AAT Filing Deadline Remains Uphill Battle

Another decision from the Federal Circuit Court illustrates that the Full Court's decision in DFQ17 is not likely to be applied broadly How broadly...

Full Court Decisions Illustrate New Path For Challenging Visa Cancellations

Decisions setting aside revocation of cancellations under section 501BA(2) may be vulnerable When you follow the decisions from the Federal Courts, it becomes apparent...
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