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Can Anxiety Support A Schedule 3 Waiver?

Federal Circuit Court decision describes the circumstances where anxiety associated with separation from partner may provide grounds for waiver Can the anxiety that may be...

Student Visas and the GTE Criterion

Unusual case shows how effective legal proceedings can overcome problems with the GTE Do miracles, or at least unexpected outcomes, ever happen in migration cases? Is...

When Can Translation Problems Give You a Second Chance in the AAT?

Decision of the Federal Court signals when translation issues in the Tribunal amount to jurisdictional error How bad must translation problems be to get a...

Missing the AAT Filing Deadline May Not Necessarily Be Fatal to Review

Important Full Court decision instructs that time period for seeking run will not run if it is not properly notified to applicant in Department's...

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...
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