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Court
Australian citizenship and character requirements
PIC 4001 & section 501 (Character test) do not apply to Protection visa applicants s501 Apply To Protection Visa applicants? Unless you have been convicted of a particular serious crime, you cannot be regarded as someone who may pose a danger to the Australian community. The Department of Home Affairs should assess your Protection subclass...
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Offshore partner visa marriage visa
If you are an unlawful non-citizen you may be granted a Partner visa if Schedule 3 is waived Schedule 3 Partner Visa – if you are in Australia without a valid visa, you may still apply for a Subclass 820 Partner Visa (click here to learn more). However, at the time of your application you...
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Australia immigration lawyer can help with Subclass 851 Resolution of Status visa application
866 Protection visa – are you eligible? 866 Protection Visa Claim must be for persecution for a (UNHCR) Convention reason or for a complementary reason under section 36(2)(aa) of the Migration Act. You may be persecuted for a Convention reason because of your religion or political opinion or nationality or race or being a member...
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Do I need to comply with visa conditions? Visa conditions – what are they and what do they mean? Section 41 of the Migration Act enables the Migration Regulations to provide for visas to be subject to specified conditions. Reg. 2.05 provide for each visa subclass be prescribed with certain conditions. Visa conditions can be...
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visa scams & visa fraud
Fraud of migration agent and solicitor Visa scams & visa fraud of migration agent or fraudulent conduct of migration agent or a third party can sometimes have the effect of subverting or stultifying the statutory function of the decision maker, such as the AAT or IAA in reviewing the Department’s decision to refuse to grant...
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Australian citizenship and character requirements
Section 501 character test can be used to refuse or cancel a visa Section 501 character test does not apply to refugees who are owed protection obligations, according to BAL19 v Minister of Home Affairs [2019] FCA 2189. The Minister had accepted that BAL19 fought for the LTTE for 10 years and has worn suicide...
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Visa refused and cancelled under section 501 & 501CA Ministerial Direction No 79 Visa Refusal & Cancellation explains that a non-citizen who has committed a serious crime, including of a violent or sexual nature, particularly against women or children or vulnerable members of the community, such as elderly or disabled, should be denied the entry...
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Migration lawyer help with 485 visa & closely related qualification and occupation
To apply for a 485 Visa, your qualification must be closely related to your nominated occupation 485 Visa & Closely Related – your qualification(s) must be closely related to your nominated occupation. What does closely related mean when you apply for a Skilled (Provisional) Class VC Subclass 485 (Temporary Graduate) Visa? If you apply for...
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Australian citizenship and character requirements
Section 501(3A) Mandatory Visa Cancelled on Character Grounds The Department of Immigration is given a mandatory power to have your visa cancelled on character grounds regardless of whether it is a temporary or permanent visa. Section 501(3A) of the Migration Act 1958 provides the Minister with the power to have your visa cancelled on character...
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visa refused or cancelled on character grounds
Your visa can be cancelled when you enter Australia Visa Cancelled At Airport if you did not comply with your visa condition Section 116(1)(b) of the Migration Act 1958 permits event like visa cancelled at airport (click here to learn more) to occur. Visa cancelled at Airport occurs either you was never entitled to hold...
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