24 August

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New Zealand Citizens and Australian Permanent Visa Applications

Lodging an Australian Permanent Visa Application as an New Zealand Citizen If you are a New Zealand citizen and have been living in Australia from 19 February 2016 or before, and you haven’t already lodged an Australian Permanent Visa application, maybe now is the time for you to get that ball rolling… This post will explain reasons why you might choose to do that – and some reasons why you might not! We will then explain a bit about the eligibility criteria for a special permanent visa pathway that is only available to New Zealand citizens. You might spend time and money...

25 May

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New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

Posted by Tom Foran

in Immigration, Litigation

The rules have changed. If you (or someone you know) has experienced a visa application refusal or has had their visa cancelled, and an Administrative Appeals Tribunal (“AAT”) review is available, this post has relevance to you. Immigration Assistance Section 276 of the Migration Act 1958 (the “Act”) provides for the definition of “Immigration Assistance”. The definition includes situations where a person uses their knowledge or experience of migration procedures to provide advice, and to prepare visa applications and visa cancellation review applications. Preparing materials for a review application with the AAT in relation to a visa application or visa cancellation matter and...

23 April

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A Visa Application Refusal and Visa Cancellation Matters

Posted by Tom Foran

in Immigration, Litigation

Changed decision-making requirements: Ministerial Direction #90 To help protect the Australian community, the Australian government refuses visa applications by non-citizens that have engaged in serious conduct. A visa holder could have their visa cancelled because they have engaged in criminal activity. If a visa application is refused or a visa cancelled, there can be huge ramifications for the individual involved. The non-citizen’s Australian family members too can experience repercussions. Children living in Australia are severely impacted if their parent or caregiver’s visa is cancelled, and they are subsequently removed from Australia. The decision to refuse a visa application or to cancel a visa...

02 February

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15 November 2020 Australian Citizenship Test Changes

Posted by Tom Foran

in Immigration

By Tom Foran The Australian government has announced changes to the Australian Citizenship Test. The new testing regime will come into effect from 15 November 2020. This article explains who needs to take the Australian Citizenship Test. If you have recently applied for Australian Citizenship, then depending upon whether you have applied under Citizenship by Conferral or Citizenship by Descent, you may be impacted. We will look at the exceptions. Some applicants that would normally be required to take the test are exempt. There is going to be an overlap between the existing system and the new system. If you are going to...

02 February

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Mandatory Visa Cancellation for Child Exploitation Materials in Queensland

Posted by Tom Foran

in Immigration

By Tom Foran On 15 September 2020, the Queensland government made amendments to the Penalties and Sentences Act 1992. The changes to subsection 9(4)[1] to that Act are relevant to this post. That subsection provides the requirements for a Court when determining the appropriate sentence for a person that has committed any offence of a sexual nature in relation to a child under 16 years of age, or in relation to a child exploitation material offence. The first requirement for the Court is to have regard to sentencing practices, principles, and guidelines that apply when the sentence is being imposed, and not when...

26 July

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Public Interest Criterion 4020: Lessons from Wehbe v Minister for Home Affairs

Posted by Chris Korbel

in Immigration

In the High Court matter of Wehbe v Minister for Home Affairs [2018] HCA 50 the court upheld the delegate of the Minister’s decision to refuse a visa applicant on the basis of a bogus document pursuant to the Migration Regulations 1994 (Cth) (‘the Regulations’) Schedule 4 Public Interest Criterion 4020. There are important lessons from Wehbe for visa applicants who are required to satisfy Public Interest Criterion 4020. We provide some equally important key takeaways of this case further below. In our article Everything you need to know about public interest criterion 4020 we discussed the requirements of Public Interest Criterion...

11 July

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Appealing a Visa Refusal or Visa Cancellation – Merits Review and Judicial Review

Posted by Chris Korbel

in Immigration

A person’s visa may be refused or cancelled under various grounds pursuant to the Migration Act 1958 (Cth) (the Act). Depending on the person’s circumstance and whether the person’s visa refusal or visa cancellation was valid or not, there may be a right to appeal the decision. Generally, among other things, a valid Notice of Refusal of Application or Notice or Cancellation will state whether the application for a visa is a reviewable decision or not, and will usually specify a strict time period if the decision can be appealed. To ascertain whether the respective notice is valid and/or whether the decision...

11 July

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Removal or Deportation from Australia: A Civil and Criminal Overlap

Posted by Chris Korbel

in Immigration

The commonality between whether a person is removed or deported from Australia is that in both cases they are forcibly removed from Australia. There are important distinctions and applications between the two mechanisms available to the Minister and the Department of Home Affairs. In short, removal is an automated process when an unlawful non-citizen is held in immigration detention and has failed to satisfy strict statutory requirements. Deportation requires a specific deportation order to be made against an Australian permanent resident pursuant to the Migration Act 1958 (Cth) (the Act) In either case, a person will usually be interviewed prior to being removed...

10 June

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Everything you need to know about Public Interest Criterion 4020

Posted by Chris Korbel

in Immigration

Has your Visa been refused under Public Interest Criterion 4020 Notice? Here’s What You Need to Know The occurrence of fraud or accidental provision of fraudulent documents across the visa applications process poses a high risk for not only the Department of Home Affairs but also for society at large. The concerns of the Department seem to stem from a real risk of visa applicants who fraudulently misuse their visa to facilitate illegal and heinous acts, including people smuggling, human trafficking, drug trafficking or terrorist operations. While these are justified and compelling policy factors, which are in the public’s interest, the vast...

New Zealand Citizens and Australian Permanent Visa Applications

New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

A Visa Application Refusal and Visa Cancellation Matters

15 November 2020 Australian Citizenship Test Changes

Mandatory Visa Cancellation for Child Exploitation Materials in Queensland

Public Interest Criterion 4020: Lessons from Wehbe v Minister for Home Affairs

Appealing a Visa Refusal or Visa Cancellation – Merits Review and Judicial Review

Removal or Deportation from Australia: A Civil and Criminal Overlap

Everything you need to know about Public Interest Criterion 4020

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