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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

It seems pretty evident that the present Minister for Immigration and Border Protection has an “agenda” to exclude persons who have been associated with “outlaw motorcycle gangs” from Australia, by exercising the visa cancellation powers under section 501 of the Migration Act. 

Another case that exemplifies this apparent agenda was recently decided by the Full Court of the Federal Court, Muggeridge v Minister for Immigration and Border Protection (2017) FCA (8 December 2017). 

Perhaps an initial, superficial reading of the facts might tend to suggest that the visa cancellation was justified: 

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Posted by on in General

When it comes to the Department’s administration of Australia’s migration legislation, it is never safe to say that “there is nothing new under the Sun”, or that astonishing, amazing and in fact downright stupid/ridiculous things cannot happen!

Because they do!

Here’s a prime example, which we learned about from our colleague and friend Dr Sirous Ahmadi, the principal of Visayab Migration Services.

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Posted by on in General

Migration Alliance has received news that is apparently reliable that the proposed changes to PIC 4020 which were introduced by the Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017 have been disallowed by the Senate.

These changes came into force on 18 November 2017.

The changes would have enabled the Department to refuse a visa application on PIC 4020 grounds if an applicant had given or caused to be given either a bogus document or information that was false or misleading in a material particular within the 10 year period before the visa application was made (expanding the period from 12 months under the previous version of PIC 4020) and expanding the coverage of PIC 4020 so that it would apply not only to visas actually held by the applicant but also to visa applications made by the applicant.

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Posted by on in General

It is extremely unusual when the holder of an Australian visa is able successfully to challenge a personal decision by the Minister to cancel a visa on character grounds.

 

It is all the more unusual when a court overturns such a decision on the basis that it was “legally unreasonable”.

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Posted by on in General

Are you ready to read about a case that is quite “extraordinary”?

First, you must answer a quiz! (I know, I know, it’s late in the year, who can be bothered with any type of quiz!!!)

Here it is, anyways: Do you need to be convicted of a criminal offence in order to have your visa cancelled?

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