System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

How many times have you heard or read about the following scenario, regarding a student visa application:

An applicant is granted a Subclass 573 visa on the basis of being enrolled to take an English Language Intensive Course for Overseas Students, and a Masters of Business Management.

However, after arriving in Australia, the applicant claims he is suffering from depression, due to living away from his parents and his home country for the first time, and feeling isolated and lonely. He does not complete the ELICOS course and does not commence the master’s degree course.  His enrolment in the master’s degree course is cancelled.

...
Continue reading Last modified on
Hits: 408 0 Comments
Rate this blog entry:
0

Posted by on in General

It is very common for visa applicants who have had their applications refused by the Department, and who have also lost their applications for merits review before the Administrative Appeals Tribunal, to “appeal” (put most accurately, “to seek judicial review”) in the Federal Circuit Court, and to do so without the assistance of a lawyer.

In fact, when you read the decisions from the FCC on the Austlii Website, it is apparent that the majority of the applicants seeking judicial review are self-represented. 

One can only guess at the reasons why so many people choose to act for themselves before the Federal Circuit Court, but it is safe to assume that one of the main reasons is that applicants are concerned that they may not be able to afford the cost of getting legal assistance.

...
Continue reading Last modified on
Hits: 278 1 Comment
Rate this blog entry:
1

Posted by on in General

Is there any way to escape from the plague, pestilence and epidemic of “credibility issues” before the Administrative Appeals Tribunal? 

Doesn’t it seem that in so many cases the Tribunal is searching for the dreaded “inconsistencies” in a visa applicant’s account of events, and then seizing on the inconsistencies however small or minor to find that the applicant is not believable, or a “witness of truth” as a significant part of the reason for affirming a decision of the Department? 

Is there any way to get around these credibility issues, and to rescue an applicant’s case? 

...
Continue reading Last modified on
Hits: 233 0 Comments
Rate this blog entry:
0

Posted by on in General

Will being charged with a drugs offence spell disaster for a citizenship application?

What if the applicant does not disclose on the citizenship application that she/he has been charged with an offence?

What if the applicant does not acknowledge responsibility for the offence in correspondence with the Department?

...
Continue reading Last modified on
Hits: 500 0 Comments
Rate this blog entry:
1

Posted by on in General

Is there any way to challenge successfully a decision of a delegate to refuse to grant a waiver of the infamous “no further stay” condition, Condition 8503, that is commonly attached to “visitor visas”?

That question was presented once again in a case that was decided last week by Judge Siopsis of the Federal Court, Karan v Minister for Immigration and Border Protection (2017) FCA 872 (2 August 2017).

As readers will be aware, a decision of a delegate to refuse a waiver of Condition 8503 is not subject to merits review in the Administrative Appeals Tribunal. 

...
Continue reading Last modified on
Hits: 653 0 Comments
Rate this blog entry:
1
Joomla SEF URLs by Artio

Immigration blog

Postponement of MIA EGM to 8 September 2017 at 4pm
The Migration Institute of Australia has, for reas...
Continue Reading...
How to Save a Student Visa Application!!
How many times have you heard or read about the fo...
Continue Reading...
A message from RMA Robert Chelliah re MIA Director Tenure Proposal
Robert Chelliah, a joint MIA-MA member, sent the f...
Continue Reading...
Vote NO to resolution 1 at the MIA EGM on Monday 4 September
The announcement of an Extraordinary General Meeti...
Continue Reading...
The Perils of Trying to Navigate Judicial Review Without a Lawyer
It is very common for visa applicants who have had...
Continue Reading...