Category

Court
Sponsoring over 18 child Child visa subclass 802 – tips on preventing visa refusal. These tips also apply to Subclass 101 (offshore child – click here to learn more). There are a number of requirements for a child to meet the child visa subclass 802 (onshore – click here to learn more about applying for...
Read More
Refugees with criminal history can be refused Protection visa Protection visa & character test – refugees failing character test can be denied a protection visa – the Full Court of Australia (KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108) has overturned BAL19 v Minister for Home Affairs [2019] FCA...
Read More
AAT FCC
Decision-maker has a duty to make inquiries before cancelling or refusing you a visa Visa cancelled visa refused – before the Department or AAT make an adverse decision, they have a duty to conduct a proper assessment and/or a duty to seek information and/or a duty to make obvious inquire about a critical fact that...
Read More
Decision-maker must engage in an active intellectual way with your evidence Appealing visa cancellation & refusal from the AAT to FCC (Federal Circuit Court) arguing that the AAT failed to engage in an active intellectual way with evidence and/or submissions provided. In the case of EGH19 v Minister for Home Affairs [2020] FCA 692, EGH19...
Read More
Subclass 190 NSW Nomination
Bridging visa to allow you to remain in Australia Bridging visa – the purpose of bridging visa is to provide lawful status for you to remain in Australia if you: have made (or intend to make) in Australia applications for substantive visas that have not been finally determined (BVA, BVB, BVC, BVD Subclass 040, BVE...
Read More
If you do not have a visa, you may request the Minister to grant you a visa under s 195A ministerial intervention power. Ministerial intervention power to grant a visa – if you are in Australia and you do not hold a valid visa for whatever reason, you may request the Minister under s 195A...
Read More
ministerial intervention under sections 351, 417, 501J
Lifting Section 46A bar to apply for a visa Section 46A ministerial intervention – if you are an unauthorised maritime arrival or UMA entered Australia by sea without a valid visa, you are barred by s 46A(1) from applying for a visa. However, you may request for ministerial intervention under s 46A(2) to lift the...
Read More
Australian citizenship and character requirements
If you are unable to satisfy the character test, your visa may be cancelled or refused. Visa cancellation on character grounds under section 501(2) – tips on how to avoid visa cancellation. In MIBP v Stretton [2016] FCAFC 11, Griffiths J summarised 5 features of the Minister’s cancellation on character grounds under under s 501(2)...
Read More
You can request the Tribunal to change your hearing date or adjourn the hearing to later Adjourning & Change AAT hearing date – usually you may ask the Tribunal to either adjourn or change the hearing to another date or day so that you can better prepare yourself. Click here to learn when to apply...
Read More
immigration lawyer can help with AAT application
If your visa application is refused and you applied to the AAT, can the Tribunal grant you the visa? Can AAT grant visa? According to Wigney J in the case of Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL (‘PDWL’) [2020] FCA 394, the answer is yes. PDWL arrived in Australia in...
Read More
1 2 3