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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

Today’s article is essential  reading for anyone who acts, either as a migration agent or a lawyer, for a person who has had her/his visa cancelled on character grounds.

As we have seen, the Minister has been very actively exercising the “personal” powers vested in him under the Migration Act to cancel visas on character grounds, or to refuse to revoke the cancellation of visas on character grounds.

And as we have also seen, it is extremely difficult to challenge a cancellation decision made on character grounds in Federal Court.  There is no “merits review” of cancellation decisions made personally by the Minister – merits review is only available when a cancellation decision is made by a delegate of the Minister, and is only available in the AAT.

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Posted by on in General

How long can you sit on your rights?

No, for all the “wise persons” who are reading this, the answer to that question is not: “It depends on how comfortable the chair is”!

There is actually a serious, consequential issue here, one that is important to consider for anyone who has not been successful in the Administrative Appeals Tribunal or who is advising someone who has lost her/his case in the Tribunal and is considering whether to take the case to the Federal Circuit Court for judicial review.

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Yeah-nah, Nah-yeah!

What?

Is it possible for 2 objects to occupy the same space at the same time?

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SBS News reports that a migration agent, Chetan Meshru, and his wife, Divya Gowda,a marriage celebrant, have been found guilty of 66 separate charges involving visa fraud after a two-week trial in the Brisbane District Court.

According to SBS, the scheme involved paying Australian women to participate in sham marriage ceremonies with men of Indian nationality who wanted to obtain partner visas to remain in Australia. The men also reportedly paid substantial fees to the migration agent.

The report quotes the Crown Prosecutor, Greg Lynham, as saying: "There was no courtship, there's no dating, there's no getting to know each other...It's simply rock up to the townhouse, sign some forms...and then the parties go their separate ways...."

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How can you tell if your client has not been given a fair hearing by the Administrative Appeals Tribunal?

Or to put the question in “lawyer’s terms”, how can you tell if the Tribunal member has been guilty of bias, and has therefore fallen into jurisdictional error, so you can get the case sent back to the Tribunal for another, hopefully fairer, hearing?

Well, like a lot of things in life, it may all be a matter of degree – sometimes bias can smack you in the face like a bucket of ice water, and sometimes it may be more difficult to identify.

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