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Evidence is important: Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199 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
The end of indefinite immigration detention in Australia: NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 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
General visa cancellation powers (s 116 visa cancellation) australian resident visaCancellation

General visa cancellation powers (s 116 visa cancellation)

The Department of Home Affairs (the Department) have various powers to cancel visas under the Migration Act 1958 (the Act). This most commonly includes “character cancellations” and a broader “general cancellation” power. This article discusses the general cancellation powers under s 116 of the Act, and outlines the process when the Department are considering exercising this power. What are the…
Sonia Campanaro
25 May, 2023
What happens if my visa is being considered for refusal or cancellation due to character (Direction 99) CancellationCharacter test

What happens if my visa is being considered for refusal or cancellation due to character (Direction 99)

Section 501 of the Migration Act 1958 (the Act) is a provision of Australian Immigration law that enables the Department of Home Affairs (Department) to refuse or cancel a visa, if the visa applicant (or visa holder) does not pass the “character test”. We have a separate article here, which outlines what s 501 is, the “character test” and “substantial…
Jordan Tew
22 March, 2023
What is the “Character Test”? Section 501 Character Criteria for Australian visas (updated 27 June 2024) CancellationCharacter test

What is the “Character Test”? Section 501 Character Criteria for Australian visas (updated 27 June 2024)

Section 501 of the Migration Act 1958 (the Act) is a provision of Australian Immigration law that enables the Department of Home Affairs (Department) to refuse or cancel a visa if the visa applicant (or visa holder) does not pass the “character test”. There are numerous ways with which a person could not pass the “character test”, which broadly speaking…
Jordan Tew
22 March, 2023
Student visa cancellation, and conditions on a Student visa australian immigration practiceCancellationStudent

Student visa cancellation, and conditions on a Student visa

The last decade has seen an influx of international students accessing Australia’s world class education system. The Sydney Morning Herald noted in an article on 2 Mach 2018 that from 2015 to 2017 the number of overseas students at Sydney universities increased from 55,000 to 75,745, or a 37.7% increase in just 2 years. As a result of these increased…
Jordan Tew
19 March, 2018
Case Note: Zhou and Minister for Immigration and Border Protection (Migration) [2017] AATA 2386 (27 November 2017) australian resident visaCancellationCharacter testDirection 65Immigration

Case Note: Zhou and Minister for Immigration and Border Protection (Migration) [2017] AATA 2386 (27 November 2017)

Ms Zhou (the Applicant) was the holder of a permanent Subclass 100 visa (Spouse visa). Following a police raid in 2013, she was charged with two offences of: importation of unregistered fire arms and tier 2 goods without approval and possession of unregistered fire arms and tier 2 goods without approval She pleaded guilty to the two offences on the…
admin
6 December, 2017