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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
Judicial Review

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
21 March, 2024
Immigration blog
Judicial ReviewProtection Visas

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
7 March, 2024
Immigration blog
Visa refusal AAT

How much will an AAT review cost and how long will it take?

If you disagree with a visa refusal decision, you may be able to apply for a “merits review” application to Migration and Refugee (M&R) Division of the Administrative Appeals Tribunal (AAT). The AAT are not bound by the refusal decision made by the Department and will reconsider each case on their own merits. More information about the AAT review process…
Immigration blog
26 February, 2024
Immigration blog
Judicial 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…
Immigration blog
18 February, 2024
Immigration blog
Judicial 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…
Immigration blog
14 February, 2024
Immigration blog
Judicial 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…
Immigration blog
6 February, 2024