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Immigration Blog and Latest News

Our staff have the knowledge to deal with all immigration problems, no matter how complex. Keep abreast of immigration updates with our blog posts below.
Immigration blog
EnglishStudent
25 March, 2024

Genuine Temporary Entrant (GTE) replaced with Genuine Student (GS) for Student visas, and increased English language requirements

In line with the Migration Strategy released on 11 December 2023, the Genuine Temporary Entrant (GTE) requirement for Student (Subclass 500) (Student) visas was replaced with a Genuine Student (GS) requirement from 23 March 2024. The new GS requirement The new GS requirement has target questions that provide decision-makers with an overview of the applicant and their reasons for wanting…
Immigration blog
Judicial Review
21 March, 2024

An alleged unlawful finalisation of a request for Ministerial Intervention gives the Court jurisdiction to prevent a non-citizen’s removal: Minister for Immigration, Citizenship and Multicultural Affairs v MZAPC [2024] FCAFC 34

Where a non-citizen initiates judicial review proceedings alleging that their request for Ministerial Intervention has been finalised or determined unlawfully, can a Court make an order preventing their removal under s 198 of the Migration Act 1958 until their application is finally determined? Legal Background In the 2023 decision of Davis v Minister for Immigration the High Court determined that…
Immigration blog
Judicial ReviewProtection Visas
7 March, 2024

Accommodation of cognitive impairments in Tribunal proceedings: NDBR v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 168

Does a failure of the Tribunal to make accommodations for a cognitively impaired applicant recommended by a neuropsychologist amount to a denial of procedural fairness? Brief summary In this case, the Minister refused to grant the applicant a Temporary Protection visa under s 501(1) of the Migration Act 1958. The applicant applied to the Administrative Appeals Tribunal (AAT) for review…
Immigration blog
Judicial ReviewStudent
18 February, 2024

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…
Immigration blog
Judicial ReviewVisa refusal AAT
14 February, 2024

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…