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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.
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
The Australian government released its Migration Strategy on 11 December 2023
Immigration blog
Employer SponsoredGeneral Skilled MigrationStudent

The Australian government released its Migration Strategy on 11 December 2023

The Australian government released its much anticipated and comprehensive Migration Strategy on 11 December 2023, with a policy roadmap containing 8 key actions and over 25 new policy commitments and areas for future reform. What are the key actions? Going forward, the key actions have been identified as: Introduction of a new Skills in Demand visa (see here for a…
Immigration blog
11 December, 2023
What are the sponsorship limitations on family sponsors? Part 1: Multiple Sponsorships
Immigration blog
FamilyPartner VisaProspective Marriage

What are the sponsorship limitations on family sponsors? Part 1: Multiple Sponsorships

For many of family category visas, a sponsorship application is needed from the Australian, permanent resident, or eligible New Zealand Citizen who is supporting their relative’s migration to Australia. Sponsors are subject to various legislative requirements too, which if not met can put the connected visa application at risk of refusal. For overseas nationals planning to migrate to Australia to…
Immigration blog
30 November, 2023
What are “compelling circumstances” for a Resident Return Visa?
Immigration blog
Resident Return Visa

What are “compelling circumstances” for a Resident Return Visa?

To be granted a Resident Return (Subclass 155) Visa (RRV), applicants who have spent long periods of time away from Australia may need to demonstrate that they had “compelling reasons” for their absence. This requirement generally applies to applicants who have been absent for five years or more. Its application depends on one’s travel history and location when applying (whether…
Immigration blog
18 November, 2023