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australian resident visaJudicial ReviewStudent

The application of the GTE criterion for Student Visas: Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16

The issue for consideration in Kumar v Minister for Immigration and Border Protection FCAFC 16 was whether a decision-maker, deciding whether an applicant for a student visa intends genuinely to stay in Australia temporarily, have to make express findings in relation to all matters prescribed by Ministerial Direction 69 — Assessing the genuine temporary entrant criterion for student visa and…
Joel McComber
18 February, 2024
australian resident visaJudicial ReviewVisa refusal AAT

What can I do if the Federal Circuit and Family Court of Australia has dismissed my judicial review application for non-appearance?

Most applications for judicial review of migration decisions – other than those made in relation to ‘character-related’ cancellations and refusals - are decided by Division 2 of the Federal Circuit and Family Court of Australia (Circuit Court). Importantly, the Circuit Court’s Rules allow the Court to dismiss a judicial review application immediately and without notice if an applicant fails to…
Joel McComber
14 February, 2024
australian resident visaJudicial ReviewVisa refusal AAT

Putting cases in the ‘deep freeze’: Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 209

The Administrative Appeals Tribunal (AAT) can and should adjourn applications where the outcome is dependent on some related process being undertaken in accordance with the Migration Act. Brief summary In this case, a family of secondary applicants for a permanent visa applied to the AAT for review of a refusal decision after the primary applicant’s application was automatically refused under…
Joel McComber
6 February, 2024
australian resident visaCancellationCharacter testJudicial Review

Evidence is important: Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199

The role of evidence, and providing evidence in support of submissions, is crucial in migration-related processes, including visa applications and cancellations. Brief Summary In this case, the Minister refused to revoke the mandatory cancellation of the Appellant’s visa under s 501CA of the Migration Act. One of the central bases on which the Appellant had sought revocation was because he…
Joel McComber
29 January, 2024
australian resident visaCancellationJudicial Review

The end of indefinite immigration detention in Australia: NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37

On 8 November 2023, the High Court of Australia’s recently elevated Chief Justice made a brief order dismantling one of the most controversial principles in Australian immigration law for the last two decades: That non-citizens who had been denied entry to the Australian community but who could not be removed to any other country could be lawfully detained indefinitely (NZYQ).…
Joel McComber
22 January, 2024
reviewJudicial ReviewVisa refusal AAT

Judicial Review of Visa/Nomination Refusal Decisions made by the Administrative Appeals Tribunal

Note, this post does not relate to decisions made by the Administrative Appeals Tribunal or Minister for Immigration relating to the cancellation or refusal of visas on ‘character grounds’ under s 501 of the Migration Act. If the Tribunal has affirmed a decision to cancel or refuse a visa on ‘character grounds’, or affirmed a decision not to revoke the…
Joel McComber
26 June, 2023
reviewJudicial Review

Judicial review of migration decisions in Australia

Judicial review is often described as the option of last resort for people experiencing difficulties on their pathway to migrating to, or remaining in, Australia. But what is it? Judicial review is the process by which Courts ensure that decisions made under the Migration Act by the Minister or the Administrative Appeals Tribunal (AAT) are made ‘according to law.’ If…
Joel McComber
6 June, 2023