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Special Category Visas and Behaviour Concern Non-Citizens

Case illustrates the Catch-22 nature of Australia's immigration laws: sometimes you lose even when you win! Does Australia’s migration legislation ever strike you as having...

Overcoming Refusal of Request to Waive Condition 8503

Federal Circuit Court decision highlights strategy for challenging delgate's decision not to grant waiver It is incredibly (incredibly!) rare for a decision of a Department...

Important Decision About the Genuine Temporary Entrant Criterion for Student Visas

Federal Circuit Court holds that failure by Tribunal to take into account mandatory considerations listed in Direction No. 53 is jurisdictional error The “genuine temporary...

Refusal of Partner Visa Overturned!

Court holds parties' intentions concerning marriage irrelevant to partner application based on de facto relationship Getting a partner visa can be a real headache! Even if the...

Another Partner Visa Application Saved!

Court Holds Tribunal Fell Into Error by Failing to Expressly Consider Matters Relevant to Parties' Commitment to Each Other There are occasions, perhaps not frequent,...

Significant Decision Concerning the Health Criterion

Health Criterion May Not Defeat Visa Application If There Is Strong Proof That A Member of Family Unit Will Not Migrate To Australia Is there...

Applicant’s Failure to Get Proper AFP Check Leads to Refusal of 485 Visa

Another Case Illustrates That "Time of Application" Criteria for 485 Visas Likely to Be Applied Strictly The Temporary Graduate visa – subclass 485 – is...

Time of Application Criteria and 485 Visas

Full Court Decision Warns That Applicants Who Do Not Comply Are At Risk of Visa Refusal “Time of application” criteria can be the “spell of...

Minister’s Visa Cancellation Powers Are Not Infinite!

  The Minister Cannot Continually Revisit Whether a Visa Should Be Cancelled Unless Circumstances Change Does the Minister have a never-ending power to cancel a visa...

Cancellation of Protection Visas Set Aside

  Minister's Cancellation Power Not Properly Delegated The cancellation of visas seems increasingly to be becoming a “cottage industry” for the Department of Home Affairs. When one...
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