Skip to main content
search
(03) 9016 0484

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.
Accommodation of cognitive impairments in Tribunal proceedings: NDBR v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 168
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
The application of the GTE criterion for Student Visas: Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16
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
What can I do if the Federal Circuit and Family Court of Australia has dismissed my judicial review application for non-appearance?
Immigration blog
Judicial Review

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

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
Evidence is important: Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199
Immigration blog
CancellationCharacter 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…
Immigration blog
29 January, 2024
The end of indefinite immigration detention in Australia: NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37
Immigration blog
CancellationJudicial 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).…
Immigration blog
22 January, 2024