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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in Skilled Migration

Here’s an unusual case that just showed up recently on Austlii: Guder v Minister for Immigration & Anor (2017) FCCA 2527 (7 November 2017)

I’m wondering whether you would agree with the way that the Federal Circuit Court interpreted the relevant legislative instrument, pertaining to the time frame within which an English language proficiency test must be taken by an applicant for a 457 visa. 

The legislative instrument of concern in this case was IMMI 15/028, which is no longer in force. 

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Posted by on in Partner Visas

Does it matter if the applicant for a Partner visa is not concerned or interested in the religious life of his sponsoring partner? 

Does a lack of interest in one’s partner’s religious life necessarily mean that an applicant is not providing emotional support to his partner? 

Is it fatal to a Partner visa application? 

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Posted by on in General

In yesterday’s post, I published news about the most consequential change to the Migration Regulations that will be introduced by the Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017, which will affect Public Interest Criterion 4020.

The amendments, which were made by the Governor-General on 2 November 2017, and which will become effective on 18 November 2017, include a number of additional changes to the regulations.

A summary of these changes is provided below:

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Posted by on in General

What a difference a few words can make!

To paraphrase my good pal from America Donald Trump (who was “elected”, so to speak, just 1 year ago!), "Yuge!” (translation from Trump-speak: “Huge!”)

On 2 November 2017, the Governor General made a hugely consequential change to Public Interest Criterion 4020 through the promulgation of the  Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017. 

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Posted by on in Partner Visas

How is it possible to know whether the Tribunal has committed jurisdictional error in reviewing the refusal of a Partner visa application?

Consult a crystal ball? An oracle? A spiritualist? A Ouija board, or an “8” ball?

A recent decision of the Federal Court, handed down by Judge Reeves on 27 October 2017 – Sun v Minister for Immigration and Border Protection (2017) FCA 1270 ­- suggests that these “magical” or “occult” methods may not be needed to determine whether the Tribunal has fallen into error.  

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