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Visa Refusals
On 4 September 2025, Home Affairs Minister Tony Burke released his new Ministerial Instructions—requests for use of the Minister’s intervention powers under sections 351 and 501J of the Migration Act 1958. The Minister has published the following list as his criteria for referring a request to a Minister. An individual of family seeking Ministerial Intervention…
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (Div. 2) If your visa application has been refused by the ART (Administrative Review Tribunal), you have a right to appeal to the Federal Circuit and Family Court of Australia (Division 2) . Importantly, it is the Court’s job to consider whether the ART made important legal errors known…
As migration professionals, we constantly monitor cases and trends in decisions in the Department, tribunals, and courts. There is so much information available from blogs to the Departments own website which can be confusing and misleading. According to data from the Department of Home Affairs, there has been a significant increase in Training Visa program…
In the High Court case of Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2, the court examined Direction 90, a guideline issued by the Minister to assist in making decisions under Section 501 of the Migration Act 1958. This decision has significant implications for visa refusals or cancellations based on character…
1. Any application for a visa requires a fee to be paid to the “Department of Home Affairs.” Such a fee can be anywhere from $5,000 to $50,000 and is not refundable if the application is refused. It is, therefore, advisable to get expert representation in your visa application. 2. An application for an Australian…
The applicant made an application for a student visa through his migration agent. The visa was refused. A common story. The Administrative Appeals Tribunal (AAT) has strict rules about how soon after being notified of a decision the applicant has to lodge an appeal. In this case the time limit was 21 days from being…
Mandatory Visa Cancellation: Following the decision of the Full Federal Court in Pearson which found that if a person receives an aggregate sentence of 12 months or more, they should not be subject to mandatory cancellation of their visa, the government is in the process of introducing a new law, the Migration Amendment (Aggregate Sentence)…
I first represented Hong in the 1990s when he was in his late teens or early 20s with a list of convictions as both an adult and juvenile, mostly drug related. I have also been representing clients who have had their visas cancelled under the Migration Act 1958 section 501 for over 20 years and…
“An immigration lawyer in Sydney has offered to provide pro bono services to a 96-year-old woman who is fighting to stay in the country. British citizen Gladys Jefferson has been living with her only surviving family in Northern Tasmania on a tourist visa and was refused a permanent migrant visa last week. Immigration lawyer Ray…
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