Court Decisions

In a recent Federal Court case, a finding was made that an Applicant had been denied procedural fairness as the conduct of the Senior Member at the Tribunal gave rise to a reasonable apprehension of bias. The conduct included the number of times and the nature in which the Tribunal… Read more

Ray Turner Immigration Lawyers has succeeded in the Federal Circuit and Family Court of Australia (Division 2) in a protection visa appeal against the Administrative Appeals Tribunal. In this case, the Tribunal had failed to put information to the Applicant that was the reason or part of the reason for… Read more

A very important case was decided by the High Court of Australia on 12 April 2023. This case found that a decision not to refer a case to the Minister for intervention cannot be made by a Department officer; this power, by law, was only given to the Minister himself.… Read more

In this court case, the applicant for a Protection Visa (subclass 866) succeeded because the Tribunal failed to consider the effect of disability on the applicant’s ability to subsist. This means the Tribunal failed to consider the broader implication of living with a disability. Protection visas are complicated and need… Read more

UPDATE: Since this court decision in December 2022, the law has been changed. Read the details in this article. The Migration Act allows for the mandatory cancellation of a visa if a person has been sentenced to imprisonment for 12 months or more. In the recent Full Federal Court case… Read more

Ray Turner Immigration Lawyers has succeeded in the Federal Circuit and Family Court of Australia (Division 2) against the Administrative Appeals Tribunal. In this case, the Court found that the Tribunal had overlooked evidence that was centrally relevant to the best interests of the children. We were able to prove… Read more

In this Federal Court case, the Court found that the Minister committed a legal error in not revoking the applicant’s visa cancellation when the Minister failed to consider relevant material regarding the Applicant’s acquittal and the Minister took into consideration charges withdrawn and police investigations that did not proceed. Even… Read more

In this Federal Court case, the Applicant argued that the Administrative Appeals Tribunal had failed to consider the impact on the applicant’s partner’s business if the applicant was not permitted to remain in Australia. The Court found that the Tribunal had misunderstood the law in failing to consider the business… Read more

Ray Turner Immigration Lawyers have succeeded in a Federal Court case against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs as we were able to prove that it was unreasonable for the Minister to fail to make a decision on whether or not to grant our client’s visa… Read more