Immigration Blog and Latest News

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…

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…

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…